Past events and initiatives

Event Recap: ERA Pledge APAC Subcommittee ‘Meet the Institutions’ Event

It is widely known that arbitral institutions are at the forefront of increasing the number of diverse arbitrators receiving appointments. The intention of this event was to introduce members of the arbitral community and representatives of arbitral institutions in Singapore and provide the institutions with an opportunity to explain the organization of the institution and how they operate.

Location: Maxwell Chambers, Singapore

Date: 19 June 2025

Facilitators:

●      Erika Williams – Independent Arbitrator

Participants

●      Lynnette Lee – Counsel, Singapore International Arbitration Centre

●      Thara Gopalan – Vice President, AAA-ICDR

●      Yvonne Mak – Counsel, ICC International Court of Arbitration

Discussion Highlights and Key Takeaways:

●        The speakers gave a brief introduction of their respective institutions.

●        Those institutions which have lists and/or panels explained the requirements and application process for the various lists/panels.

●       The speakers explained the approach each institution takes when they are asked to make an arbitral appointment.

●       The speakers each provided an overview of their statistics in terms of diverse appointments.

Summary courtesy of Erika Williams, Independent Arbitrator.

Event Recap: Bridging the Gap: How can we accelerate Equal Representation in International Arbitration?

This panel discussed the growth of equal representation in arbitration over the years and what more can be done to accelerate change in this area, particularly in Thailand. The speakers shared their own thoughts and experiences on how we can accelerate action from the point of view of arbitral institutions, academia and practitioners, drawing on experiences from Singapore and Offshore jurisdictions.

Location: Kudun and Partners, Thailand

Date: 7 March 2025, 9:00-10:30am

Facilitators:

●      Emi Rowse (Igusa) – Kudun and Partners

●      Kate Lan – Carey Olsen

●      Nicky Balani – Thailand Arbitration Centre

●      Dr Nilubol Lernuwat – Thammasat University

Participants

●      Bhurima Tienwuttinun - MDD

●      Dawn Tan – Ashurst ADT Law

●      Tristan Teo – Ashurst ADT Law

●      Peter Scott Caldwell – Independent Arbitrator

●      Pacharaporn Vasanasomsithi – J S Held

●      Victoria Ting – Setia Law

●      Mazie Tan – Setia Law

●      Patteera Ngaoprommin - THAC

●      Nunnapat Kanthapong – THAC

●      Praewphand Kichthantong – Kudun and Partners

●      Weeranun Borriwatpraset – Kudun and Partners

Discussion Highlights and Key Takeaways:

·        The panel discussion was divided into 2 parts: the first part focused on progress that has already been made and current challenges in promoting equal representation. The second part focused on what can be done moving forward.

·       In private practice, progress has been made as some MNC clients are now increasingly requiring a diverse panel for pitches and many firms are actively promoting female arbitration practitioners. In the academia, whilst the female to male law student ratio is very high, there are very few female Thai judges and senior disputes practitioners in Thailand. Reasons for this can be traced back to perception (that being a litigator requires aggression and is not safe) and bias. From the institution’s perspective, the pool of female arbitrators in Thailand is very small and THAC is looking for ways to increase diverse appointments by institution and parties.

·       Going forward, the speakers all agreed that much can be done in each of the areas explored. For private practice, Singapore has introduced the Workplace Fairness Act which is a step in the right direction. Within the firm, there can be more mentoring opportunities and there should be small but proactive steps taken to encourage female associates to raise their profile as well as intentionally considering senior female practitioners for arbitral appointments. Specifically, within Thailand, there is a need for more role models and those who are in senior positions to speak up and share their experiences. More transparency within the institutions on their appointments of male/female arbitrators would be helpful. THAC is looking into including diversity of the tribunal as consideration for parties in its amended rules or guidelines.

Summary courtesy of Emi Rowse

Event Recap: Hitting the Ground Running: the First Two Months of an Arbitration – Tips and Tricks: A Roundtable Discussion

The first two months of an arbitration are usually critical for the overall progression of proceedings. This roundtable discussion is aimed at exchanging ideas and preparing arbitrators who have received (or are close to receiving) their first appointments as arbitrator for the first two months of an arbitration. Important topics such as initial correspondence, managing nonparticipating parties, and preparation of Procedural Order No. 1 will be discussed against the backdrop of the 2021 ACICA Arbitration Rules.

Location: KordaMentha Sydney

Date: 11 February 2025

Facilitators:

●      Diana Bowman - ACICA

●      Erika Williams – Williams Arbitration

●      Jo Delaney – HFW and ERA Pledge APAC Subcommittee Co-Chair

●      Mariel Dimsey – CMS Hong Kong

Participants

·       Besma Grifat-Spackman

·       Edwina Kwan

·       Brenda D Horrigan

·       Anna Kelly

·       Sophie Munson

·       Damian Sturzaker

·       Mark Dempsey SC

·       Daisy Mallett

·       Judith Levine

·       Deborah Tomkinson

·       Marina Kofman

·       James Morrison

·       Tom Moxham

·       Matt Lee

·       Alexandra Einfeld

Discussion Highlights and Key Takeaways:

·       Speaking to the appointing institution is always a good idea. They are always willing to help new arbitrators.

·       Always keep in mind who is in front of you – are they experienced arbitration lawyers? Will they have specific expectations? Approach to preparing PO 1 and other initial documents should be decided on a case-by-case basis.

·       “Levine Snapshot” – consider as arbitrator whether you wish you use the first procedural conference to hear a first snapshot of what the parties think the case is about.

Summary courtesy of Mariel Dimsey

Event Recap: ERA Breakfast in Bangkok

This informal breakfast gathering was attended by those passionate about fostering equal representation in arbitration, to share and brainstorm ideas on the current challenges to equal representation.

Location: 20 September 2024

Date: Sarnies Roastery - Ploen Chit

Facilitators

• Emi Rowse (Igusa) – Kudun and Partners 

Participants

• Waree Shinsirikul – Chandler MHM

• Lars Markert – Nishimura and Asahi

• Ian Johnston – Clyde & Co

• Nuttida Doungwirote – Clyde & Co

• Charis Tan – Peter & Kim

• Robert Tang – DLA Piper

• Dutsadee Dutsadeepanich – Pisut & Partners

• Yuankai Lin – RPC

• Joshua Wan – DLA Piper

• Jia Xia Ang – DLA Piper

• Joel Woodward - BRG

Discussion Highlights and Key Takeaways:

• The attendees were given some prompts for discussion:

1. Do you think we have reached the stage of “fair representation” of women appointed as arbitrators? Why or why not?

2. What do you think are the “underrepresented groups in our arbitration community”? e.g. gender, age, disability, race, culture

3. What do you think can be done to achieve more equal representation for these groups?

4. Any topics/events you’d like to see the ERA APAC sub-committee organise in the future?

• In response to the questions, some key takeaways were:

o   Women arbitrators: We’ve come a long way but there is still work to be done in appointing women (especially Asian women) as arbitrators. Some reasons for this are: client/counsel bias (both conscious and unconscious), pipeline issues, lack of visibility and limited pool in Asia as compared to e.g. NY, London.

o   The underrepresented groups that we need to focus on are: younger professionals, local practitioners, nationalities/race, disability.

o   Suggestions on what can be done to achieve more equal representation: try to have equal representation on specific cases, mentoring of younger female practitioners; raise awareness of ERA, enable the underrepresented groups to feel that ERA is a platform to deal with these issues, capacity building for all relevant underrepresented groups.

o   Topics/events they’d like to see the ERA APAC sub-committee do in the future: ERA breakfast speed-networking (inviting established senior practitioners and younger practitioners) during one of the major conferences, mentoring program for younger women, more networking events for like-minded professionals and invite inspirational figures to speak about these topics.

Summary courtesy of Emi Rowse (Igusa).

Event Recap of Training Event: The First Two Months – What Arbitrators and Counsel Need to Know  

Location:  Hosted by Sidley Austin’s Singapore Office

Date: 21 February 2024

This Pledge training event, the first in what we hope will develop into a regional series on this topic, was a great success. We had a small group of about eight participants, who engaged with the facilitators and each other throughout the event. The topics covered started with how to approach an enquiry for an arbitrator appointment and discussed steps in the process from that point through to the rendering of Procedural Order No. 1 (or the first substantial procedural ruling of the tribunal). The timing of 2.5 hours (including a short break) worked well with the topic.

Facilitators

• Jennifer Lim, Sidley Austin

• Duncan Watson KC, Quinn Emanuel

• Mariel Dimsey, HKIAC

Participants

• Eugene Thong - The Arbitration Chambers

• Linming Ho - Sidley Austin LLP

• Ricky Aringo Sabornay - Uryu & Itoga

• Sui Hang Hui - Sidley Austin LLP

• Sushil Shankar - Tatavarty Law Chambers

• Sylvia Tee - Ashurst

• Yukitsuna Takekoshi - AI-EI Law Firm

Discussion Highlights and Key Takeaways:

• Conflicts and disclosures are complicated and take time, so best to approach them head on.

• There is no one way of running an arbitration, and trying to adopt a standard approach would actually be counterproductive.

• Be alert to the nuances in your case, which can be a product of the applicable arbitration rules, but also the nature and sophistication of the parties and whether they are participating in the case.

Summary courtesy of Mariel Dimsey

Event Recap of Training Event: The First Two Months – What Arbitrators and Counsel Need to Know  

Location:  Messrs Chooi & Co

Date: 19 February 2024

Facilitators:

• Sitpah Selvaratnam (Sitpah Selvaratnam Arbitration Chambers)

• Shanti Mogan (Shearn Delamore & Co)

• May Tai (Herbert Smith Freehills)

Participants:

• Aarthi Jayarajah (Aarthi & Associates)

• Anita Natalia (Independent Arbitrator)

• Celine Chelladurai (Celine & Oommen)

• Cindy Wong (Wong Xien Yee)

• Crystal Wong (Lee Hishammuddin Allen & Gledhill)

• Hemalatha Ramulu (Skrine)

• Jocelyn Lim (Skrine)

• Lilien Wong (Shearn Delamore & Co)

• Shamala Devi Balasundaram (Chooi & Co)

• Yong Huey Ling (Chooi & Co)

Discussion Highlights and Key Takeaways:

• From receiving the enquiry for an appointment to issuing the first procedural order, the facilitators discussed the preliminary issues to be considered by an arbitrator such as the first correspondence to the parties, the first preliminary meeting and the draft procedural order.

• Participants also discussed and exchanged their views on ways to deal with non-responsive parties.

Summary courtesy of Lilien Wong, Shearn Delamore & Co.

Event Recap of Panel Discussion: Celebrating the Equal Representation in Arbitration Pledge

Location: Hong Kong Club

Date: Wednesday, 17 January 2024

Organisers: ERA Pledge APAC and Ciarb EAB with the support of HKIAC

The ERA Pledge APAC and Ciarb EAB, supported by HKIAC, jointly hosted a panel discussion entitled: “Celebrating the Equal Representation in Arbitration Pledge”. Over 150 people signed up for the event both online and in-person. The panelists reviewed the origins and objectives of the ERA Pledge, as well as its achievements in promoting gender diversity in arbitration over the years. The importance of diversity in Tribunals for enhancing confidence in arbitration, ensuring justice and impartiality was also discussed, along with gender statistics from major arbitration centers like HKIAC. While the arbitration centres clearly have helped bring about significant progress, the statistics also show that arbitrator and party appointments of female arbitrators are also increasing as familiarity with female arbitrators increases. In that context, the audience was reminded of the ERA Pledge and its very useful and accessible tools which make it easy to identify suitable female / diverse arbitrators.

Facilitator

• Caroline Thomas, Hugill & Ip

Participants

• Stella Hu, Dechert

• Karah Howard, Pinsent Masons

• Tom Walsh, Clifford Chance, Chair of the HKIAC Appointments Committee

Discussion Highlights and Key Takeaways:

• Now in its eighth year, the ERA Pledge has made significant achievements in promoting gender and other forms of diversity in arbitration.

• The Pledge itself is a concrete and actionable list of actions to combat unconscious gender bias and actively promote diversity. It also introduced accessible tools such as the Female Arbitrator Resources Tool, ERA Female Arbitrator Search Tool, the Corporate Guidelines and Checklist of Best Practices for the Selection of Arbitrators.

• The pre-event survey revealed that some firms and people are still unfamiliar about the Pledge. The Panel encouraged those who haven’t taken the Pledge to take action.

• Despite progress, the arbitration community still faces challenges in achieving parity. These include the proportion of female arbitrators appointed by the parties, the underrepresentation of female arbitrators in certain types of arbitration, such as construction and maritime arbitration. The ERA Pledge and its allies continue to work towards this goal.

• ERA Pledge APAC subcommittee is planning various events for 2024 and invites interested parties to participate.  

Summary courtesy of Stella Hu

Event Recap of: Hong Kong Arbitration Holiday Drinks 

Location: Debevoise & Plimpton 

Organisers: ERA Pledge APAC SC, ICC YAAF, ArbitralWomen and Debevoise & Plimpton

Hosts: Cameron Sim and Elizabeth Chan

Date: Friday, 8 December 2023 

Photo Album: https://photos.app.goo.gl/PeQtCnMqTG48XtWa7 

Event Recap of: ERA Pledge – Inaugural Seoul Event

Location: D-Lifestyle Kitchen, Seoul Finance Center, Seoul

Date: Thursday 30 November 2023

Organisers: APAC Sub-Committee, ERA Pledge

Speaker: Professor Joongi Kim, Yonsei Law School

Facilitator: Elizabeth Shin, Senior Legal Counsel, Lee & Ko

Participants:

• Professor Joongi Kim (Yonsei Law School)

• Dana Kim (Herbert Smith Freehills)

• Hyun Ah Park (Yulchon)

• Jaeha Kwon (Kim & Chang)

• Hangil Lee (Bae, Kim & Lee)

• Hyojung Shin (Shin & Kim)

• Jennifer Yoo (Peter & Kim)

• Shul Park (Kim & Chang)

• Elizabeth Shin (Lee & Ko)

Key Takeaways: Our lunch gathering last week was a huge success thanks to all the participants and our guest Professor Joongi Kim! We talked about managing work-life balance, interesting statistics on female arbitrator appointments and speaker panels, and difficulties in drafting arbitral awards.

For those of you who could not attend, please keep an eye out for our next event!

Event Recap of: Third Mentor Workshop: Tips for improving physical and psychological wellbeing in arbitration

Location: Virtual

Date: 15 November 2023

Organisers: Jo Delaney, May Tai, Sitpah Selvaratnam 

Facilitators/Speakers

• Jo Delaney, HFW

• May Tai, Herbert Smith Freehills

• Sitpah Selvaratnam, Independent Arbitrator

Participants: 

• Jue Jun Lu, DLA Piper

• Mariia Artemenko, Herbert Smith Freehills

• Kshipra Pyare, Trilegal

• Ashley Chandler, Associate to Dr Micheal Pryles

• Magda Kofluk, Stephenson Harwood

• Divya Kesar, Independent Practitioner

• Christina Hettiarachchi, F J & G de Saram

Key Takeaways:

• A career in dispute resolution is a marathon. Maintaining a balance between physical and mental well-being, whilst advancing a successful career in arbitration is essential. 

• Learn to be kind to yourself and read the signs your body gives you about depletion of your energy, to make time and space for recovery. It will result in a more successful career in the long run. 

• Have more conversations about the need to carve out time for personal physical and mindful endeavors. It will help destigmatize the concept of putting ourselves first. 

• Assess if you are in the best frame of mind and emotion to perform optimally. Take time off to get back to centre before returning to deliver quality work.

• Allow yourself the time and space to take breaks without feeling guilty. Down time to “be”, energises you to “do”.

• The quality of the work is always more important than the quantity. Knowing when to say no to work is important. 

• Imposter syndrome is often connected to being a perfectionist. Not being too hard on yourself, embracing who you are, and appreciating how far you have come, can help to overcome this.

Summary courtesy of Christina Hettiarachchi and Sitpah Selvaratnam 

Design work courtesy of Christina Hettiarachchi

Event Recap of: ERA Pledge APAC Arbitration Subcommittee Conversation on 1st and 2nd Appointments

Location: Hong Kong

Date: 27 October 2023

Organisers: Stella Hu and Feifei Yu 

Facilitators/Speakers

• Swee Im Tan, 39 Essex 

• Stella Hu, Dechert

Participants: 

• Mariel Dimsey, HKIAC 

• Jane Willems, Senior Independent Arbitrator 

• Briana Young, Three Crowns 

• Feifei Yu, Clifford Chance 

• Grace Cheng, 39 Essex 

• Tara Liao, Denis Chang’s Chambers 

• Ana Coimbra Trigo, PhD Research Scholarship Grantee, FCT 

• Elizabeth Chan, Tanner De Witt

• Caroline Thomas, Hugill & Ip

Key Takeaways:

• Explored strategies for dealing with ex parte communications from a party and how to manage disclosure appropriately in these circumstances ·

• Discussed issues around the extent of disclosure required when approached as an arbitrator, especially the implications of "over"-disclosure for confirmation of an appointment 

• Institutional perspectives on disclosure when appointing arbitrators, noting that standards may vary between different institutions 

• Issues arising from the late engagement of new counsel who belong to the same barrister chambers as the Tribunal members

• The challenges of managing laypersons or unsophisticated lawyers in observing confidentiality obligations, particularly involving recordings of hearings

Summary courtesy of Elizabeth Chan and Stella Hu 

Design work courtesy of Elizabeth Chan

Event Recap of: ERA Pledge APAC October Social

Location: Kuala Lumpur

Date: 4 October 2023

Organisers: Louise Azmi & Anita Natalia 

Facilitators/Speakers

• Sitpah Selvaratnam

• Tan Swee Im

Participants: 

• Tan Swee Im 

• Sitpah Selvaratnam

• Claudine Au

• Shamala Devi Balasundaram

• Hemalatha Parasa Ramulu

• Elaine Yap

• Jocelyn Lim

• Anson Chee 

• Verene Tan 

• Celine Chelladurai

• Lavinia Kumaraendran

• Nalina Santhiran

• Woon Ling Li

• Anita Natalia

• Louise Azmi

• Tommy Lim

Key Takeaways:

• Imposter syndrome affects everyone, regardless of seniority. The key is to confidently put ourselves out there, knowing we can reach out for support if necessary. Together, we grow. 

• Pairing as wings at conferences or events helps overcome the fear of networking. The cultural reluctance to promote ourselves is acknowledged. Match people attending events to ease into the process of branding.

• Shadowing in arbitration proceedings (subject to consent and approval of parties) would assist younger litigation practitioners in gaining exposure to the handling of arbitral proceedings.

• Collaborate in writing articles and for speaking engagements, by suggesting other or additional names.

• It was truly a night of learning, sharing and camaraderie. "Blowing out someone's candle does not make yours shine brighter." Be the guiding light you wished you had or wish to have. 

Summary courtesy of Anita Natalia

Design work courtesy of Elizabeth Chan

Event Recap of: ERA Pledge – Tea Talk
Location: International ADR Centre, Colombo, Sri Lanka

Date: 2 October 2023
Organisers: F J & G de Saram 

Facilitators/Speakers

• Sitpah Selvaratnam - Co-Chair ERA Pledge APAC Subcommittee 

• Christina Hettiarachchi - F J & G de Saram

• Lakshanthi Fernando - CMS 

Participants: 

• Ms. Sitpah Selvaratnam - Co-Chair - ERA Pledge APAC

• Mrs. Shehara Varia - Director - IADR Center

• Ms. Damithri Welikala - Assistant Sectary General- IADR Center

• Rt Justice Shiranee Thilakawardena - Arbitrator      

• Mr. Avindra Rodrigo, PC - Practitioner          

• Mr. Chandaka Jayasundere, PC - Practitioner         

• Dr. Ramani Jayasundere - Director for Gender and Justice - Asia Foundation

• Mrs. Renu Ranatunge Senior Vice President Legal - Colombo Stock Exchange

• Mrs. Dilumi de Alwis - Practitioner     

• Mrs. Mokshini Jayamanne - Practitioner       

• Ms. Vishmi Fernando - Practitioner   

• Mr. Aruna de Silva - Counsel - F J & G de Saram

• Ms. Kasuni Jayaweera - Junior Counsel - F J & G de Saram

• Ms. Christina Hettiarachchi - Junior Counsel - F J & G de Saram

• Ms. Oshani Wijeywardena - Senior Litigator - F J & G de Saram

• Mr. Drushika Amirthanayagam - Senior Litigator - F J & G de Saram

• Ms. Nishel Boteju - Litigator - F J & G de Saram

• Ms. Lakshanthi Fernando - CMS
  
  

Key Takeaways:

• The roundtable discussion was organised as a means of bringing the Pledge Sri Lanka, where like-minded individuals are able to share thoughts, experiences and ideas on improving diversity within the arbitration sphere in Sri Lanka on an informal basis.

• There is a lot of work to be done in Sri Lanka, particularly in relation to gender diversity and equality within the legal profession; as such, this event will be the first of many events that will be organised.

• There is also a dire need for support by women for women, whether it be in silos or groups, to discuss issues and assist each other in navigating through them.

• One of the key issues across the legal profession appears to be the retention of female lawyers in the practice, resulting in a lack of diversity within the profession as seniority increases.

• Increased visibility for junior lawyers, especially those moving from second counsel to lead counsel, is crucial in paving a pathway to make the transition from practitioner to arbitrator.

• There is a strong desire for existing issues relating to discrimination within the litigation sphere to not be brought into the arbitration sphere.

Summary courtesy of Christina Hettiarachchi.

Design work courtesy of Elizabeth Chan. 

Event Recap of: Dinner meeting for Conversation on 1st and 2nd appointments

Location: Beijing, Xiangshangxiang, CP Centre

Date: 13 September 2023

Organisers: ERA Pledge APAC

Facilitators/Speakers

• Lijun Cao/Zhonglun

• Stella Hu/Dechert
  
  

Participants: 

• Chungang Dong/Jingtian & Gongcheng

• Yulin Zhang/Linli Law

• Feng Han/Senior in-house counsel

• Youyou Shi/Deheng

• Tara Liao/Denis Chang’s Chambers

• Richard Yip/Denis Chang’s Chambers

• Joanna Du/KWM

• Wen Dai/Zhonglun

Key Takeaways:

• During the ERA dinner, senior arbitrators encouraged the group to gain more international experience as an arbitrator and shared ways to increase individual exposure and opportunities to secure appointments. 

• The group also discussed international arbitration trends in China and shared personal experiences either as a junior arbitrator or as a practitioner, covering issues including handling arbitrations with non-participating party, managing arbitrator’s fees, ensuring effective service of arbitral proceedings and other interesting topics.   

Event Recap of: Breakfast meeting for arbitrators seeking 1st and 2nd appointments

Location: Singapore, 1864 The Bar

Date: 31 August 2023

Organisers: HSF & ERA Pledge

Facilitators/Speakers:

• May Tai/HSF

• Chiann Bao/Arbitrator

Participants: 

• Charis Tan/Peter & Kim

• Thara Rubini Gopalan/TSMP

• Kate Lan/Carrey Olsen

• Kate Apostolova/Mayer Brown

• Monisha Cheong/Wong Partnership

• Jennifer Lim/Sidley

• Khushboo Shahdadpuri/Tamimi

• Alessa Pang/Wong Partnership

• Una Khng/Helmsmanlaw

• Brenda Horrigan/arbitrator

• Swee Im Tam/39 Essex

Key Takeaways:

• During this ERA breakfast, we shared experiences sitting as arbitrators and our first appointments. We encouraged the group to seek out those opportunities and discussed ways to do so, for example by cultivating relationships with arbitral institutions and networking.
  
  

Summary courtesy of Kate Apostolova.

Event Recap of: ERA Pledge Female Arbitrator Breakfast Discussion
Location: 39 Essex Chambers, London

Date: 6 September 2023 

Organiser: Swee Im Tan

Facilitators:

• Swee Im Tan

• Juliet Blanch

Participants:

• Sarah Lancaster

• Kate Corby

• Ruth Byrne KC

• Sophie Eyre

• Jennifer Haywood

• Genevieve Poirier

• Briana Young

• Hannah Cry

• Camilla ter Haar

• Ashley Jones

Key Takeaways:

• A group of established and aspiring female arbitrators met over breakfast to share insights from their collective experiences at different stages of their arbitrator careers. 

• Swee Im Tan and Juliet Blanch led a lively discussion, with lots of valuable insights from the group, on issues such as securing your first few appointments, tribunal dynamics and common pitfalls to avoid.

• We had heads of arbitration of several major international law firms, and some senior arbitrators. Despite our different backgrounds, we we still shared very similar issues and realised that we are all on the same journey, just at different parts of it regardless of our seniority or lack of it.

• We should include both the young and old, large firms and individuals because the conversation is very rich with such diversity.

• Insights from arbitral institutions are invaluable – we had Sarah Lancaster who is ex-LCIA and Briana Young who remains part of HKIAC.

Summary courtesy of Swee Im Tan. 

Event Recap of: Equal Representation in Arbitration Pledge Mentor Workshop No. 2: Tips for developing experience as a tribunal secretary or arbitrator

Location: Online 

Date: 6 September 2023 

Organisers: Jo Delaney and Elizabeth Chan

Facilitators/Speakers: 

• Duncan Watson KC, Partner, Quinn Emanuel 

• Erika Williams, Independent Arbitrator, Williams Arbitration 

Participants included:

• Imogen Kenny 

• Mariia Artemenko 

• Cameron Forsaith 

• Jue Jun Lu 

• Carmel Proudfoot 

• Shreya Jain 

• Jennifer Haywood 

• Elizabeth Chan 

• Marina Kofman 

Key Takeaways: 

• The presenters discussed the different pathways their careers took to obtaining their first tribunal secretary and/or arbitrator appointment. 

• Tribunal Secretary (TS) experience can be gained through acting as TS for a partner if you are in a firm or by contacting barristers or other independents who sit as arbitrators. 

• There is TS training available through institutions such as HKIAC and ACICA which can result in being listed on their websites. 

• TS work can lead to appointments as arbitrators. 

• There are various networks available for both arbitrators and tribunal secretaries such as the Rising Arbitrators Initiative, the Chartered Institute of Arbitrators, including the CIArb Young Members Group, ArbitralWomen and the Tribunal Secretaries Network on LinkedIn. 

• Building a career in arbitration is a long-term project, and time spent building foundational skills and credibility, including through acting as counsel, is time well spent. 

Summary courtesy of Erika Williams.

📢 Event Recap: ERA Pledge APAC Arbitration Subcommittee Conversation on 1st and 2nd Appointments 📢

The ERA Pledge APAC Arbitration Subcommittee recently hosted its second conversation on first and second appointments, in Hong Kong 🎤

Facilitators

• Stella Hu 🌟 - Counsel, Dechert 

• May Tai 🌟 - Partner, Herbert Smith Freehills 

Participants

• Yvonne Shek 🌟 - Counsel, Clifford Chance

• Jennifer Wu 🌟 - Partner, Pinsent Masons

• Elizabeth chan 🌟 - Registered Foreign Lawyer, Tanner De Witt

Discussion Highlights and Key Takeaways:

• Tackling arbitrations involving an unrepresented party: How proactive should a tribunal be, without stepping into the shoes of the unrepresented party? 

• The role of the presiding arbitrator and the importance of project management skills. 

• Parties’ communications with their designated arbitrators about presiding arbitrator candidates: Should a co-arbitrator proactively reach out to the appointing party? 

• The challenges of dealing with a governing law you are not familiar with: is there a risk of assuming consistency with laws you are familiar with, without fully appreciating the distinctions in this governing law? How can parties assist tribunals in this regard? 

• The role of the arbitrator in determining evidential questions, including admissibility, authenticity, and privilege. 

• How to market yourself as an arbitrator and to emphasise the things that make you distinct. Share your CV among your networks. 

• The opportunities for applying to panels of arbitrators and the specific requirements of each institution. 

Summary courtesy of Elizabeth Chan and Stella Hu.

📢 Event Recap: ERA Pledge APAC Arbitration Subcommittee Focused Group Discussion on Managing Expert Witnesses 📢

The ERA Pledge APAC Arbitration Subcommittee recently hosted a focused group discussion on managing expert witnesses. 🎤

Speakers:

• Ms Geetu Singh 🌟 - Partner at KPMG, India.

• Ms Sae Youn Kim 🌟 - Attorney at Kim & Chang, Korea.

• Ms Gitta Satryani 🌟 - Partner at Herbert Smith Freehills LLP, Singapore.

• Mr Timothy Cooke 🌟 - Partner at Reed Smith, LLP; and FCIArb, Singapore.

The event was expertly organised and moderated by Sitpah Selvaratnam, Consultant at Tommy Thomas, Malaysia,  and co-chair of the APAC Subcommittee. 🌐

Discussion Highlights and Key Takeaways:

• While party-appointed experts may be common and effective, a tribunal-appointed expert may be more appropriate in specific cases, such as when dealing with highly specialised or esoteric issues.

• The advantage of identifying and selecting experts early in the arbitration proceedings to help frame the case and manage costs should not be underestimated.

• Having a foreign law expert, even if co-counsel is qualified to provide arguments on the applicable law, can enhance the weight of the evidence/submission.

• The criteria for selecting the right experts go beyond their proficiency in the subject matter. They extend to clear communication skills and the ability to withstand cross-examination when providing an unbiased/independent opinion.

• Sound methodology, reliable evidence, and clear instructions are needed for experts to ensure their opinions are credible and independent. Broader instructions and active participation from the expert in gathering relevant information are encouraged, as narrow instructions may compromise the independence and objectivity of the opinion.

• The CIArb Protocol on the Use of Party-Appointed Experts helps guide the steps to maintain the independence of experts and their reports.

• There are several ways to manage the oral testimony of experts well. Hot-tubbing/witness conferencing can effectively neutralise partisan experts,  as can robust cross-examination. A well-prepared tribunal can manage the witness conferencing better to ensure equal use of time by counsel and experts and avoid inappropriate or unfair dominance of one expert over the other. 

• The CIArb Protocol on Witness Conferencing offers a variety of ways to structure a witness conference, including counsel-led, tribunal-led, and expert-led processes. The tribunal needs clear rules and control over the process to ensure its effectiveness and fairness. 

Summary courtesy of Elizabeth Chan and Sitpah Selvaratnam.

The APAC Arbitration Pledge Subcommittee has launched a series of three mentor workshops for arbitration practitioners keen to develop their careers as an arbitrator. 

Each workshop focuses on a different topic, with two mentors facilitating the discussion.

Our first workshop took place on 10 August 2023, led by Jo Delaney and Lucy Martinez, on the topic of "Improving my personal brand as an arbitrator".

Some of the key takeaways were: 

• Consider how you stand out from the crowd; what is your Unique Selling Point? (e.g., legal background, culture, experience language) 

• Develop your profile so you are visible to the arbitration community through publications, committees, conferences and networking 

• Prepare a plan to develop your brand and profile
  
  

We look forward to the second session on 6 September! 

🌟 Event Recap! 🌟 Shanti Mogan and Sitpah Selvaratnam of the ERA Pledge APAC Subcommittee were delighted to host a gathering of arbitration practitioners on 23 June 2023 in Cava, Kuala Lumpur.

A special shoutout to May Tai and Joe Liu, APAC Subcommittee members from Hong Kong, who joined us along with five talented young arbitration practitioners. Together, we enjoyed great food, had a blast, and engaged in fruitful discussions.

During the meet-up, we had the opportunity to exchange views on various topics, such as arbitrator selection considerations, first appointments, strategies to secure appointments, and professional conduct when appointed. It was inspiring to see everyone actively participate and share their valuable experiences.

We all agreed that this was just the beginning of an incredible journey. Our team is excited to pass the baton to the next APAC jurisdiction and continue fostering a sense of camaraderie while making progress towards our shared vision of achieving equal representation in arbitration. 

This discussion focused on a hypothetical scenario, comparing the approach of different institutions to the same set of issues.

The speakers shared their insights into the various factors institutions would consider in the appointment process, when presented with complicated multi-party, or non-participating party issues, or clauses that provide for appointments in conflict with the essence of diversity; while striving to maintain equal treatment and party autonomy.

The speakers were:

• Mariel Dimsey (HKIAC, Secretary-General)

• Kevin Nash (SIAC, Registrar)

• Wing Shek (LCIA, Deputy Registrar)

• Anne Wang (ICC, Deputy Council) 

This session was organised and moderated by Joe Liu. 

Around 15 participants dialled into a CV-writing webinar led by Lilian Li and Crystal Wong. Each participant sent in redacted CVs for comment. 

A few senior practitioners and arbitrators also provided feedback.

Participants actively engaged in the session and were pleased to get something tangible out of the session. 

APAC Steering Committee members, May Tai, Mariel Dimsey and Stella Hu hosted a small, intimate event for first and second-time arbitrator appointees.

The nine participants discussed common issues including:

• how to get the first appointment

• factors in determining the appropriate hourly rate

• when conflict arises, when and what to disclose

• specific issues arising from arbitrations where one party is not participating  

• communications with the secretariat

• how to draw the line between advocating points not submitted by the parties and inviting the parties to address relevant issues.

The feedback was very positive, with valuable information shared from the perspectives of an arbitrator, a firm and an institution.

We plan to roll out similar sessions, at approximately three month intervals, in other cities within APAC. 

This session covered setting up an independent arbitrator practice, by Brenda Horrigan.

This session was mostly a repeat of the Mute Off session, but held at an APAC friendly time.

The session was set up by Chiann Bao and Lucy Martinez.

This session was organised by Anna Kirk and Lucy Martinez.

A webinar to highlight recent issues in arbitration in the Asia-Pacific region.