📖 One of my favourite lines from one of my favourite books (Le Petit Prince) is “𝐋’𝐞𝐬𝐬𝐞𝐧𝐭𝐢𝐚𝐥 𝐞𝐬𝐭 𝐢𝐧𝐯𝐢𝐬𝐢𝐛𝐥𝐞 𝐩𝐨𝐮𝐫 𝐥𝐞𝐬 𝐲𝐞𝐮𝐱.” Sometimes, the most important things are invisible to the naked eye.

And that is true of disabilities that so many have and which impact their work - including in arbitration - in invisible ways.

🎉 Congratulations to the ICC Task Force on Disability Inclusion on publishing its 𝐈𝐂𝐂 𝐆𝐮𝐢𝐝𝐞 𝐨𝐧 𝐃𝐢𝐬𝐚𝐛𝐢𝐥𝐢𝐭𝐲 𝐈𝐧𝐜𝐥𝐮𝐬𝐢𝐨𝐧 𝐢𝐧 𝐈𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐚𝐧𝐝 𝐀𝐃𝐑 just a few days ago.

📘 Some key points from the Guide:

🔹 The Guide is intended to provide practical guidance on how disability inclusion can become a standard feature of arbitration and other forms of ADR.

🔹 Its intention is to place disability on the same plane as other characteristics protected by law, each equally deserving of inclusion.

🔹 This Guide considers disability to be an evolving concept that requires a more dynamic understanding than a static definition permits.

💡 The need to provide reasonable accommodation for disability has been recognised globally through treaties and national legislation as a means of ensuring for persons with disabilities, as well as those who care for them, the enjoyment of rights, entitlements, and fundamental freedoms on equal terms with others.

⚖️ Within the context of international arbitration, honouring this objective involves promoting a culture of inclusion that ensures full participation for all, including those who have some form of disability. 

🔍 Arbitration participants may be especially interested in Section 3 of the Guidelines, which gives examples of what reasonable accommodation for disabilities looks like.

🙏 The Guide also makes recommendations to arbitral tribunals and other arbitration and ADR practitioners. 

📥 𝐃𝐨𝐰𝐧𝐥𝐨𝐚𝐝 𝐭𝐡𝐞 𝐆𝐮𝐢𝐝𝐞 𝐡𝐞𝐫𝐞 (it’s only 18 pages!):

https://iccwbo.org/news-publications/news/icc-releases-guide-for-disability-inclusion-in-international-arbitration-and-adr/

❤️ Thanks go to (among many others): 

- 𝐓𝐡𝐞 𝐂𝐨-𝐂𝐡𝐚𝐢𝐫𝐬: Todd Weiler, Simon Maynard, Dr Katherine Ramo

- ICC Arbitration: Claudia Salomon, Melanie van Leeuwen, Dr. Hélène VAN LITH

- 𝐌𝐞𝐦𝐛𝐞𝐫𝐬 𝐨𝐟 𝐭𝐡𝐞 𝐓𝐚𝐬𝐤 𝐅𝐨𝐫𝐜𝐞: Courtney Lotfi, Sylvia Tee and many others (including modest participation by yours truly)

I was lucky to participate in the ERA Pledge APAC Arbitration Pledge Subcommittee's recent conversation on first and second arbitral appointments and wanted to share the key takeaways with friends:

𝐅𝐚𝐜𝐢𝐥𝐢𝐭𝐚𝐭𝐨𝐫𝐬

🌟Stella Hu - Counsel, Dechert

🌟May Tai - Partner, Herbert Smith Freehills

𝐏𝐚𝐫𝐭𝐢𝐜𝐢𝐩𝐚𝐧𝐭𝐬

🌟 Yvonne Shek - Counsel, Clifford Chance

🌟 Jennifer Wu - Partner, Pinsent Masons

🌟 Elizabeth Chan (陳曉彤) - 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 (陳曉彤) and Stella Hu.

*****

我有幸参加了 Equal Representation in Arbitration Pledge 亚太仲裁小组委员会最近关于第一次、第二次 任命“仲裁员” 的对话会议，下面我想和朋友分享一些关键的信息：

协调员

🌟Stella Hu - Dechert

🌟May Tai - HSF

参加者

🌟Yvonne Shek - Clifford Chance

🌟Jennifer Wu - Pinsent Masons 

🌟Elizabeth Chan - Tanner De Witt

讨论要点和重点点：

🔹处理涉及无人代理方的仲裁：在不介入无人代理方的情况下，仲裁庭怎么做到积极主动？

🔹首席仲裁员的作用和项目管理技能的重要性。

🔹当事人与指定仲裁员关于首席仲裁员候选人的沟通：共同仲裁员是否应该主动联系指定当事人？

🔹处理您不熟悉的管辖法律所面临的一些挑战：是否存在在没有充分理解该管辖法律的不同的情况下出现您假设与您熟悉的法律一致的风险？当事人在这方面如何协助仲裁庭？

🔹仲裁员在确定证据问题时的作用，包括可采性、真实性和特权。

🔹如何推荐自己成为一名仲裁员并突出自己所具备的与众不同的能力。通过网络分享给他们您的简历。

🔹申请仲裁员小组的机会以及每个机构的具体要求。

摘要由 Elizabeth Chan 和 Stella Hu 提供。

I'm privileged to get part of the Arbitration Pledge APAC Subcommittee's Focused Group Discussion group, and wanted to share the key takeaways from our recent session on managing expert witnesses:

🔹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.

*****

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. 🌐

🦄 Excited to be part of the mentee cohort for the Equal Representation in Arbitration Pledge APAC Subcommittee's "Developing Your Career as an Arbitrator"!

🦄 The programme involves a series of three online workshops with established arbitrators based in APAC.

🦄 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. 

A wonderful afternoon in Sun Yat Sen Memorial Park with friends from the arbitration community and their children. 

Another fantastic lunch with Women In Law Hong Kong (WILHK)!

Jacqueline Arena of WILHK reported on the results of the Everyday Behaviour Project, which is the first-ever survey in Hong Kong asking lawyers, in-house counsel and other professionals in the legal sector to share their everyday experiences in the Hong Kong legal industry.

Thank you to Fiona Chan and the WILHK Committee for your important work and the fabulous events you organise!

My first-ever Women In Law Hong Kong (WILHK) Women@Lunch was so much fun! It brought together 40-50 of us at the China Club to mix and mingle with legal ladies in Hong Kong’s thriving legal profession. It was so fun to meet with other female lawyers from all different law firms and legal practices and backgrounds.

Thank you to Brooke Holden (She/Her) and Alison Tsai for your leadership of WILHK, and Alice Molan and Cecilia Wong for organising yesterday’s lunch. It was so fun to meet the ladies at my table: Tara Chan, Anisha Ramanathan, Eloise Matsui, Bonnie Lai, Eva Yu, Penny Barsha, Kathryn Weaver, as well as meet Kritika Sethia and Kay McArdle.

I'm excited to host Patrycja Zoledziewska Kolwas, Senior Disputes Counsel at COFCO International, at the next 𝐘𝐨𝐮𝐧𝐠 𝐌𝐮𝐭𝐞-𝐎𝐟𝐟 𝐓𝐡𝐮𝐫𝐬𝐝𝐚𝐲𝐬 session on 20 January at 9am NYC / 2pm London / 3pm CET / 10pm HKT.

Patrycja will share her insights on "the life cycle of a dispute from the in-house lawyer’s perspective", and I'll aim to throw in a bit of my experience as external counsel too.

If you would like to join, please contact the YMOT team: Laura Canet, Rachel Chiu, Derin Morgan or Ayelet Hochman. With thanks to YMOT for the chance to be part of this session!

𝐍𝐞𝐰 𝐭𝐨 𝐘𝐌𝐎𝐓?

⭐ YMOT is the younger sister edition to Mute-Off Thursdays, a weekly networking & knowledge exchange series held over video conference (VC) that started in March 2020. It involves a 30-min VC meeting every Thursday.

⭐ YMOT is open to women practitioners in arbitration under 7-PQE.