Close
Search
Filters

How Arbitrators Decide Cases: Rules and Reliability

1 Public CPD Point
Practice Area: Alternative Dispute Resolution
Training Level: General

 

Introduction

  

On occasion, one hears suggestions that the psychological reality of arbitral decision-making stands apart from the universe of rules and regulations.  Notwithstanding a superficial appeal in such rhetoric, a more robust account of how arbitrators decide cases must inevitably grapple with the role of rules on several levels:  the law applicable to the merits of a dispute; the statutory and treaty framework of arbitration; and the so-called “soft law” of professional and institutional guidelines, elaborated by stake-holders in the arbitration community on matters like witness examination and conflicts of interest. Thoughtful observers seeking to understand international arbitration will want to examine the impact of rules not only on how arbitrators make up their minds, but also in respect of judicial scrutiny of awards.  When a disappointed loser challenges an arbitrator’s decision, judges may be called to wrestle with the difference between a “bad decision” normally not reviewable in court, and an excess of authority justifying judicial annulment or non-recognition. These questions will be explored through several scenarios implicating potential conflict between applicable law and contract remedies, including provisions on exclusion of liability, limitation of damages, and cost allocation.  Such illustrations offer prisms to separate themes in arbitral decision-making which touch on fidelity to the parties’ shared expectations and the safeguard of hometown interests at the enforcement forum.

 

 

Programme:

 

5.00 pm  Registration & Tea 
5.30 pm  Talk by Professor William Park
6.15 pm Panel Discussion and Q&A
  Chairperson: Mr Cavinder Bull SC  
  Panellist: Mr John Savage 
6.45 pm    End of Session

 

 Click here for more information. 

 

 

Fees

(inclusive of 7% GST, tea breaks and materials, if any)

 

SAL Members   S$ 149.80 
Non-Members  S$ 203.30
Full-time Students#   S$ 42.80

 

#Student registrations can only be made by writing to les@sal.org.sg. Please include a copy of a valid matriculation card.

Speaker

 

   
    

Professor William Park
Professor of Law, Boston University
President, London Court of International Arbitration

 

William (Rusty) Park is Professor of Law at Boston University, teaching in the areas of international tax and finance.  After studies at Yale and Columbia, Park practiced in Paris until returning home to Boston, where he has served as Director of Boston University’s Center for Banking and Financial Law. Park is President of the London Court of International Arbitration and General Editor  of  Arbitration  International.  Park  has  held visiting academic appointments in Cambridge, Dijon, Hong Kong, Auckland and Geneva.  A member of the Governing Board of the International Council for Commercial Arbitration, the Board of the Association Suisse de l’Arbitrage and the Board of the American Arbitration Association, Park served as arbitrator on the Claims Resolution Tribunal for Dormant Swiss Bank Accounts and the International Commission on Holocaust Era Insurance Claims. The President of the United States appointed Park to the Panel of Arbitrators for the International Centre for Settlement of Investment Dispute. Park’s books include ARBITRATION OF INTERNATIONAL BUSINESS DISPUTES, INTERNATIONAL FORUM SELECTION, ICC ARBITRATION (with Craig and Paulsson), INTERNATIONAL COMMERCIAL ARBITRATION (with Reisman, Craig and Paulsson) and INCOME TAX TREATY ARBITRATION (with Tillinghast).  

     

 Chairperson 

 

   
    Mr Cavinder Bull SC has an active practice in complex litigation and international arbitration. He is engaged in trial and appellate advocacy at all levels of the Singapore Courts and has appeared as counsel and arbitrator in international arbitrations in various jurisdictions, including Milan, London, Tokyo and Singapore.  He has handled cases under the Rules of the ICC, SIAC, LCIA, AAA and UNICTRAL. He is presently the Deputy Chairman of the SIAC and Vice-President of the SIAC Court of Arbitration.  He is also Vice-President of the Asia Pacific Regional Arbitration Group and a panel arbitrator with ICSID.   Cavinder graduated with First Class Honours in law from Oxford University and has a Masters in Law from Harvard Law School.  He has been called to the Bar of England & Wales, Singapore and New York.  He presently practices at Drew & Napier where he holds a leadership position on the firm’s management committee.  
     

Panellist

   

  Mr John Savage is a partner in King & Spalding’s International Arbitration group, and leads the firm’s arbitration practice in Asia. He is also the managing partner of the firm’s Singapore office. He has more than 20 years experience representing governments, corporations and high-net-worth individuals in over 150 international arbitrations. These include many corporate, construction, energy and investment treaty disputes, with an emphasis on the oil & gas and power sectors. Mr. Savage’s cases have involved a variety of applicable laws, venues, rules and subject matters. Mr. Savage has worked in Asia since 2001 and his experience extends across the Asia-Pacific region. Among other accolades, he has been described in the legal directories as “a tremendously effective advocate and a fine arbitrator” and “the best in Asia”.In addition to his work as counsel, Mr. Savage has been appointed chairman of the tribunal, sole arbitrator and co-arbitrator in more than 25 commercial and investment treaty arbitrations in Asia and beyond. He is a director of the Singapore International Arbitration Centre (SIAC) and one of two Vice-Presidents of the SIAC Court of Arbitration. He is one of the first foreign lawyers with rights of audience at the Singapore International Commercial Court.
C$ Redeemable

CPD Points: 1

Venue: Supreme Court Viewing Gallery, Level 8, Supreme Court, 1 Supreme Court Lane, Singapore 178879

Date: 19 Feb 2016 (5.00pm - 6.45pm)


PRICE (inclusive of GST)

SAL MEMBER              $149.80
NON MEMBER             $203.30
STUDENT MEMBER     $42.80


$203.30

1 Public CPD Point
Practice Area: Alternative Dispute Resolution
Training Level: General

 

Introduction

  

On occasion, one hears suggestions that the psychological reality of arbitral decision-making stands apart from the universe of rules and regulations.  Notwithstanding a superficial appeal in such rhetoric, a more robust account of how arbitrators decide cases must inevitably grapple with the role of rules on several levels:  the law applicable to the merits of a dispute; the statutory and treaty framework of arbitration; and the so-called “soft law” of professional and institutional guidelines, elaborated by stake-holders in the arbitration community on matters like witness examination and conflicts of interest. Thoughtful observers seeking to understand international arbitration will want to examine the impact of rules not only on how arbitrators make up their minds, but also in respect of judicial scrutiny of awards.  When a disappointed loser challenges an arbitrator’s decision, judges may be called to wrestle with the difference between a “bad decision” normally not reviewable in court, and an excess of authority justifying judicial annulment or non-recognition. These questions will be explored through several scenarios implicating potential conflict between applicable law and contract remedies, including provisions on exclusion of liability, limitation of damages, and cost allocation.  Such illustrations offer prisms to separate themes in arbitral decision-making which touch on fidelity to the parties’ shared expectations and the safeguard of hometown interests at the enforcement forum.

 

 

Programme:

 

5.00 pm  Registration & Tea 
5.30 pm  Talk by Professor William Park
6.15 pm Panel Discussion and Q&A
  Chairperson: Mr Cavinder Bull SC  
  Panellist: Mr John Savage 
6.45 pm    End of Session

 

 Click here for more information. 

 

 

Fees

(inclusive of 7% GST, tea breaks and materials, if any)

 

SAL Members   S$ 149.80 
Non-Members  S$ 203.30
Full-time Students#   S$ 42.80

 

#Student registrations can only be made by writing to les@sal.org.sg. Please include a copy of a valid matriculation card.

test