Can You Short Cut An Arbitration Proceeding?

Exploring the New SIAC Rules for Early Dismissal of Claims and Defences
Beijing Session

05/15/2017 12:00 p.m. - 02:30 p.m.

AmCham China Conference Center
The Office Park
Tower AB, 6th Floor
No. 10 Jintongxi Road
Beijing, Chaoyang District

Daniel P. LevisonCraig I. Celniker, and Timothy W. Blakely

Timothy W. BlakelyCraig I. Celniker, and Daniel P. Levison

Sponsorship

Arielle Wang
awang@mofo.com

The 2016 version of the SIAC rules, for the first time, contains specific rules governing the Early Dismissal of Claims and Defences. These rules hold tremendous promise for streamlining arbitration proceedings in appropriate cases, resulting in earlier determinations and significant cost savings. The mock arbitration event will explore practical application of this innovative new procedure, and will involve a mock scenario that will highlight the potential utility of the procedure in appropriate cases. The scenario involves potentially determinative legal issues serving as the basis for an application for early dismissal of asserted defenses.

During the session, a mock arbitral tribunal will be empaneled to hear arguments by an advocate for the claimant favoring dismissal of the defenses under the new procedure, and by an advocate for the respondent opposing dismissal and in favor of proceeding to a full hearing. The role of the advocates will be played by Morrison & Foerster attorneys, while the mock arbitration tribunal will include experienced arbitration practitioners or arbitrators. A representative of SIAC will introduce the new rules and conclude with comments on the session.

Agenda:

  • Registration and lunch
  • Main Program
    • Introduction by SIAC of new procedural rules and early experience (15 minutes)
    • Introduction of scenario and introduction of participants (15 minutes)
    • Argument by claimant and questioning by tribunal (10 minutes)
    • Argument by respondent and questioning by tribunal (15 minutes)
    • Reply by claimant and questioning by tribunal (5 minutes)
    • Public deliberations by tribunal, followed by ruling (30 minutes)
    • Q&A discussion with audience (15-20 minutes)
    • Wrap up by SIAC with observations of exercise in light of early experience (10-15 minutes)

Speakers:

  • Timothy Blakely, Head of Hong Kong Litigation Department at Morrison & Foerster
  • Craig Celniker, Head of theInternational Arbitration and Asia Disputes Practices at Morrison Foerster
  • Julian Cohen, FCIARB, Barrister and Arbitrator at Gilt Chambers (present at AmCham China event)
  • Daniel Levison, Compliance, Investigations and Dispute Resolution Partner at Morrison & Foerster
  • Kevin Nash, Deputy Registrar & Centre Director at Singapore International Arbitration Centre (SIAC)
  • James Shaughnessy, General Counsel at Praxair Asia Inc. (present at AmCham Shanghai event)

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