A Series of Seminars on Effective Dispute-management and Business
About the Series
The course of a deal rarely runs smooth, especially when big personalities, big reputations and big money is involved. "The Big Deal: Managing Disputes" is a holistic take on what is being done so that businesses and legal industry stakeholders can work effectively to manage and resolve disputes before, during and after deals, with a view towards preserving relationships, lowering transaction costs, promoting certainty, and creating new commercial opportunities.
Session 1 - Getting the Deal: Managing Deal Negotiations through Dispute Resolution Strategies
Much of successful deal lawyering, whether as external counsel or as in-house counsel, requires a nuanced understanding of the immediate deal, a deep appreciation of the business context of that deal, and a strategic view of the broader context in which that business operates. The culture wars that are playing out on a global scale bring into sharp relief the matter of what is distinctive (or not) about the business culture in the region and how deal-making is approached. This panel will wrestle with the implications of this on how legal professionals approach deal-making in terms of negotiation, drafting and enforcement of terms. Do current approaches and methodologies for dispute resolution adequately address nuances of doing business in Asia and how might they be adapted or deployed in a more culturally sensitive manner? What are some ways in which the risks of doing business in Asia can be mitigated through a dispute management strategy that is culturally calibrated?
Session 2 - Keeping the Bargain: ADR Protocols and Mechanisms to Facilitate the Post-signing Implementation of a Deal
Going to court is not the only option when one party doesn’t hold up their end of a contract. This session will explore the range of alternative dispute resolution mechanisms available to help facilitate the implementation and enforcement of deals, however big or small. Crucially, the session will explore the range of sector-specific ADR protocols and schemes available, including the Singapore Infrastructure Dispute-Management Protocol ("SIDP") and the range of dispute resolution schemes administered by the Law Society of Singapore. It will also examine the implications of the Singapore Convention on Mediation for the use of ADR in managing the disputes that arise within ongoing business relationships. The panel will conclude with insights as to the ways in which ADR professionals and their commercial clients can use such tools strategically as part of managing the implementation of a deal.
Session 3 - Enforcing the Judgment: Convergence of Asian Business Laws to Facilitate Certainty for Investment and Trade
Even after having a dispute resolved by a court, there is the tricky matter of the recognition and enforcement of a judgment. Chief Justice Sundaresh Menon has observed that "... [t]here is nothing more frustrating to the ends of transnational commerce than for a business actor to obtain a judgment in one jurisdiction and then find that it is in fact worth nothing more than the paper on which it is printed in another. Certainty in enforcement of judgments will enable businesses to have greater confidence to invest and trade freely." This panel will discuss the hurdles to improving the portability of foreign judgments and highlight specific improvements that have been made in the region. It will also examine the impact, in economic terms, of not having a harmonised regime for the recognition/enforcement of foreign judgments in Asia based on what we can learn from Brexit. The panel will conclude with its observations on the potential solutions to the problem of divergence in this area of the law.