ICC Malaysia Arbitration Day 2024

Venue: The Auditorium, Level 3, Asian International Arbitration Centre
Organiser: ICC Malaysia and ICC Dispute Resolution Services

Join us for this insightful event where we invite distinguished speakers to discuss the following:

• Complex Arbitration Agreements
• Stay of Arbitration Pending Parallel Proceedings
• Conflicts of Interest Disqualification
• Hypotheticals – Arbitrators’ Mistakes

You simply cannot miss out on this learning & networking opportunity!

SESSION 1: Complex Arbitration Agreements

The speakers will analyse issues arising from complex arbitration agreements including
problems from pathological/ asymmetric arbitration agreements, inoperative/ null/ void
arbitration agreements, effect of national laws; approach of courts/tribunals to such
agreements; drafting considerations.
Speaker: Shamala Balasundaram
Panel members: Ooi Huey Miin, Crystal Wong Wai Chin

SESSION 2: Stay of Arbitration Pending Parallel Proceedings

Which should go first, the arbitration or the civil suit? Is there a one size fits all solution?
Navigating arbitration in the face of pending parallel arbitration, criminal or disciplinary
proceedings? How best to achieve fair play? Hear our speakers on how courts have
approached these issues.
Speaker: K Shanti Mogan
Panel members: Foo Joon Liang, Lam Ko Luen

SESSION 3: Conflicts of Interest Disqualification

The speakers will dissect the various types of conflict including double hatting, and express
their views on whether an arbitrator can disqualify counsel. The panel will also look at:

• definitions in the IBA Guidelines and institutional rules, the difference in the approach
  of the national laws;
• soft laws and other rules;
• the approach of the courts in using the IBA Guidelines and the relevant case law;
• caselaw including Sierra Fishing Company v Farran (2015 EWHC 140 (Comm), 2015
  All ER (D); W Ltd v M Sdn Bhd (2017 1 All ER (Comm) 981);
• assessing and resolving conflicts, disclosing a conflict, challenging an arbitrator and
  assessing the challenge.

Speakers: Sanjay Mohan, Sitpah Selvaratnam, Lim Koon Huan

SESSION 4: Hypotheticals – Arbitrators’ mistakes

The Panel will discuss hypothetical errors in Awards posed by the Moderator to the
panellists and explore the limits of arbitrator mistakes in Award, what kind of errors should
be reviewable and whether and if so, how they can be brought within the narrow confines of
the NY Convention and Model Law.
Moderator: Nahendran Navaratnam
Panellists: Belden Premaraj, Alan Gomez