The phenomenon of due process paranoia is a real and growing problem in international arbitration. It potentially exacerbates the trend of rising costs and delays in international arbitration, undermines the significance of due process, and reinforces the erroneous conception that the goals of due process and efficiency are inherently opposed. It overlooks the fact that the concept of due process in international arbitration has been carefully calibrated so that it refrains from absolutism and contains a window through which considerations of efficiency can properly feature. Perhaps most significantly, due process paranoia compounds the problems of the rapidly growing complexity of disputes and the inertia that has slowed the reform of longstanding procedures that arbitration’s users neither require nor desire. In these ways, due process paranoia threatens the legitimacy of international arbitration.
Cost(s): Access to this event is free for CIArb members and non-members, however, pre-registration is required.
Registration: Limited places are available. Please register by no later than the COB on Thursday, 8 October 2020. A webinar link will be provided after registrations close.
Chief Justice Sundaresh Menon was appointed Chief Justice of the Supreme Court on 6 November 2012. Chief Justice Menon graduated with a Bachelor of Laws (First Class Honours) from the National University of Singapore in 1986 and a Master of Laws from Harvard Law School in 1991. He was admitted as an advocate and solicitor in Singapore in 1987, and as an attorney and counsellor-at-law in New York in 1992. After he was called to the Bar in Singapore, he practised with major local and international law firms, primarily as an advocate, in the fields of commercial litigation and arbitration, construction law and insolvency law. From 2006 to 2007, he served as a Judicial Commissioner of the Supreme Court. He was appointed Senior Counsel in 2008. In 2010, he was appointed the 6th Attorney-General of Singapore, a post he relinquished in 2012 shortly before his appointment as a Judge of Appeal. He was appointed to the Presidential Council for Minority Rights upon his appointment as Attorney-General in 2010 and was later appointed as its Chairman in 2012, upon his appointment as Chief Justice. He is also the President of the Singapore Academy of Law.
Welcome address - John K Arthur FCIArb, President CIArb Australia
John is a barrister and member of the Victorian Bar of over 30 years standing and a Fellow of the Chartered Institute of Arbitrators and ACICA. He has been a National Councillor of the Australian branch of CIArb since September 2014 and previously its Treasurer (May 2017 – April 2020) and Company Secretary (October 2014 to May 2018). John’s principal area of practice is general commercial litigation including contract, sale of land, property, equity, corporations, professional negligence and succession. An experienced advocate, John's work ranges across all Victorian courts and tribunals with his primary focus on trials and appeals. John is particularly interested in alternative dispute resolution including arbitration, adjudication and mediation. John has published numerous articles and delivered seminars and presentations both locally and internationally on topics in contract law, equity, property law and sale of land, estates, professional conduct, practice and procedure and international arbitration, including "Australia, Hub for International Arbitration". John is a co-author of Williams Civil Procedure Victoria, Lexis Nexis (LN) (with David Bailey of counsel); and author of Australian Uniform Evidence, LN, an author of several other LN titles, as well as member of the editorial panel for Australian Alternative Dispute Resolution Bulletin (LNN). He is an author of Australian Uniform Evidence Law: Principles and Context; Geoffrey Bellew, John K Arthur, Gideon Boas, and Pascale Chifflet; with contributions by Ilija Vickovich; Lexis Nexis, 2019, and a chapter in International Arbitration Discourse and Practices in Asia (Ed. Vijay K. Bhatia, Maurizio Gotti, Azirah Hashim, Philip Koh, Sundra Rajoo), Routledge, 2017 “Setting aside or non-enforcement of arbitral awards in international arbitration on the public policy ground – a regional perspective.” John is keen for Australian lawyers to embrace harmonization and internationalization of Australian law and to reach out to and engage with the region and beyond. John is a member of the National Executive Committee of the Asian Australian Lawyers Association; the Rules Committee of ACICA; he is empanelled with the AIAC (prev KLRCA) on its arbitration, mediation and adjudication panels, and is a member of the International Bar Association, the Law Institute of Victoria, Asialink's Chairman's Club and Chancellor's Circle, and Legal Friends of the Recital Centre.
Sponsors Remarks and Thank You Speaker - Jeremy Quan-Sing ACIArb, National Councillor CIArb Australia, Allens
Jeremy is a partner in the Disputes and Investigations team at Allens, based in Perth. He specialises in complex commercial disputes and has extensive experience in commercial litigation, arbitration, expert determination and mediation. Much of Jeremy's experience has concerned disputes in the energy and resources sector. He has represented clients in proceedings relating joint venture disputes, major project developments, asset acquisition, commodity pricing and engineering issues. Jeremy is dual qualified. In addition to his legal qualifications Jeremy has an honours degree in Engineering from the University of Western Australia. A significant part of Jeremy's practice involves assisting clients with high value and strategic arbitrations, both domestic and international. He is co-head of the national Arbitration Practice Group at Allens. He regularly acts in arbitrations concerning domestic and regional matters. He is active in the arbitration community and frequently presents on arbitration issues in the region.