In recent years, the international arbitration landscape in South-east Asia has seen significant jurisdiction-specific developments, ranging from the types of disputes heard to the degree of involvement of local courts in the arbitral process. The Covid-19 pandemic has been but one phenomenon which has amplified this process of change, compelling parties, tribunals and institutions to adapt to alternative methods of conducting arbitrations and to deal with new challenges arising therefrom.
Courts and legislative reforms have further sought to reinforce the legitimacy of the institution of arbitration by encouraging its use as an alternative dispute resolution mechanism. For instance, Indonesia’s Financial Services Authority encourages the use of arbitration as an alternative dispute settlement forum in the financial services sectors. Further, Vietnam’s Supreme People’s Court has also drafted a draft resolution guiding the procedure for recognition and enforcement of foreign arbitral awards in Vietnam to avoid inconsistencies in the application and interpretation of the New York Convention.
In this seminar, practitioners from Singapore, Malaysia, Indonesia, Vietnam and Myanmar will discuss key trends and developments in international arbitration in their respective jurisdictions in the past 5 years, including:
- Institutional developments (e.g., AIAC’s Protocol on Virtual Arbitration Proceedings)
- Legislative changes (e.g., protectionist policies in response to COVID-19)
- Patterns/ trends of disputes (e.g., emerging disputes on Environmental, Social and Governance)
- Interpretation of arbitration agreements (e.g., pre-arbitration steps in a multi-tiered arbitration clause)
- Setting aside applications
- Third party funding (regulation and issues of concern)
- International treaty developments (e.g. the Regional Comprehensive Economic Partnership 2022)
Allen & Gledhill
Allen’s practice focuses on energy, engineering and infrastructure in South-east Asia. He is among the inaugural batch of select practitioners to be recognised as Accredited Specialists in Building and Construction Law by the Singapore Academy of Law.
Allen is recognised as one of Asia’s Super 50 Disputes Lawyers by Asian Legal Business. He represents a diverse range of clients including developers, contractors, consultants and investors in international arbitrations over energy, engineering, infrastructure, commercial and investment disputes. Allen also acts in arbitration-related litigation, and other complex disputes before the courts in Singapore and Malaysia. The Legal 500 Asia Pacific recommends Allen as an “experienced engineering lawyer” having “particular projects disputes and international arbitration experience”.
Allen is a Fellow of the Chartered Institute of Arbitrators and has sat as arbitrator in arbitrations administered by the SIAC, the AIAC, the ICC Court of Arbitration and the Law Society of Singapore.
Chua Kee Loon
Allen & Gledhill
As Co-Deputy Head of the Firm’s International Arbitration Practice, Kee Loon specialises exclusively in international arbitration.
Kee Loon’s areas of practice encompass all aspects of commercial, energy and building disputes with a focus on major engineering projects and investments in the South-east Asia region.
He has appeared as lead counsel in arbitrations seated not only in the various Asian cities but also further abroad such as London, Geneva and the Hague. He has also acted as lead counsel in an investment treaty arbitration against a sovereign state.
Kee Loon’s extensive experience has seen him involved in international arbitrations conducted under various rules such as the International Chamber of Commerce (ICC), Singapore International Arbitration Centre (SIAC), Asian International Arbitration Centre (AIAC), United Nations Commission on International Trade Law (UNCITRAL) and Vietnam International Arbitration Centre (VIAC). He also accepts appointment as arbitrator and is a Fellow of the Singapore Institute of Arbitrators.
Allen & Gledhill
Yanyi’s practice focuses on dispute resolution, including civil and criminal litigation, mediation and international arbitration. She has extensive experience in commercial disputes, investigations, and matters relating to environment, health and safety, employment, and professional liability.
Yanyi was seconded to Allen & Gledhill (Myanmar) from 2017 to 2019, where she advised on commercial disputes, instructing local advocates in Myanmar court proceedings and acting as counsel in arbitrations. She continues to advise and represent local and international clients in Myanmar-related disputes across a wide range of industries, including manufacturing and distribution, real estate development, construction and engineering, telecommunications, banking and finance, and energy.
She is a firm believer of working towards amicable and commercial resolutions. Yanyi regularly advises clients on strategy and risk management before the commencement of proceedings and exploring alternative dispute resolution.
Nira Sari Nazarudin
Soemadipradja & Taher
Nira Sari Nazarudin joined Soemadipradja & Taher in March 1994 and was made partner in 2009. Nira obtained her Sarjana Hukum (Bachelor of Laws) degree from the University of Indonesia, Jakarta, majoring in International Law, followed by a Master of Laws (LL.M.) degree from the University of Essex, U.K.
In 2003, Nira was seconded to the Melbourne office of leading Australian law firm Freehills, working in the Litigation Practice Group, where she was exposed to a wide range of high profile litigation work in the Australian jurisdiction.
Nira’s main areas of practice include litigation, arbitration and alternative dispute settlement, general corporate, debt restructuring, insurance, aviation and maritime and shipping.
She is a licensed Advocate and a member of the Indonesian Advocates Association (PERADI) and a licenced Receiver and Administrator for bankruptcy and suspension of payments proceedings.
Allen & Gledhill
Ramesh is the Co-Deputy Head of the Firm’s International Arbitration Practice. His expertise lies in advising across a broad spectrum of contentious work.
He has acted as lead counsel in both domestic and international arbitrations across various corporate and commercial sectors, including the hospitality, oil and gas, commodities and construction industries. He is recommended for his expertise in international arbitration and commercial litigation in leading publications, such as The Legal 500 Asia Pacific where he has been described as an “excellent attorney”, and as one who provides “cogent, timely answers”.
He has a strong professional liability practice having defended claims in negligence asserted against lawyers, accountants and architects.