Center for International Investment and Commercial Arbitration (CIICA), Young Arbitration Group (YAG)的动态

Intriguing Discussion on ICC's Role in Investment Disputes Held at Pakistan International Disputes Weekend (PIDW) 2024! The second panel of the Pakistan International Disputes Weekend (PIDW) 2024 Day 1 concluded with a thought-provoking discussion on "ICC's role in the resolution of investment disputes impartially in Pakistan." ? Moderated by the esteemed Dr. Anran ZHANG, Deputy Director, ICC Arbitration & ADR, North Asia at International Chamber of Commerce, Shanghai, China, the panel featured distinguished speakers who offered insightful perspectives. ? Barrister Mian Sheraz Javaid, Chair Pakistan International Disputes Weekend (PIDW) and Barrister at No5 Barristers' Chambers, shed light on the effectiveness of ICC Arbitration. ? Mr. Ahmer Bilal Soofi, Partner at ABS & Co discussed ICC’s future role in the arbitration landscape of Pakistan. ? Honorable Judge Mohammad Abdur Rahman, High Court of Sindh, Karachi, Pakistan, provided valuable insights into "The Judicial Perspective on the Enforcement of ICC Awards." ? Mr. Yuhong WU, Managing Partner at Deheng Law Firm, Chengdu, explored the fairness, efficiency, and transparency of ICC Arbitration. ? Ms. Mahnaz Malik, Barrister at Twenty Essex Chambers, discussed alternative avenues for dispute resolution beyond litigation. The session offered a rich exploration of the complexities of investment dispute resolution with ICC Arbitration and the potential of alternative conflict resolution methods. Chartered Institute of Arbitrators (CIArb) Pakistan International Disputes Weekend (PIDW) Pakistan Engineering Council MK Consultus LLP TCC ADR Centre CIArb Pakistan Branch Mian Sheraz Javaid High Court of Sindh, Karachi #PIDW24 #ADR #AlternativeDisputeResolution #Collaboration #DisputeResolution #ThankYouPEC #Success #PIDW25 #PIDW #CommercialDisputes #Arbitration #Mediation #Innovation #GrandEvent #lawfirm #legal #disputeresolution #disputes #disputemanagement #knowledgeexchange #karachipakistan #Litigation #CPEC #ConstructionProjects #LegalExpert #KarachiPakistan #IndustryChallenges #PakistanEconomy #StakeholderEngagement

Enhancing Ethical Standards in International Arbitration I recently had the privilege of participating in a round table discussion with the International Bar Association, Arbitration Committee, hosted by ALN Kenya | Anjarwalla & Khanna, focusing on potential amendments to the Party Representative Guidelines. These discussions underscore the importance of continually evolving our ethical standards to keep pace with the dynamic nature of international arbitration. The IBA Party Representative Guidelines were initially established to create a consistent framework for party representation in international arbitration, addressing the diverse and potentially conflicting norms from different jurisdictions. However, the rapidly changing landscape of international disputes necessitates a re-evaluation of these guidelines to ensure they remain effective and relevant. Key issues discussed during the meeting included: 1. Ethical challenges and ex parte communications: - One major area of concern is the management of ethical issues, particularly ex parte communications with arbitrators. The guidelines aim to provide clear directives to avoid any undue influence or unfair advantage in arbitration proceedings. 2. Document preservation and production: - The preservation and production of documents are critical components in arbitration. 3. Preparation of witnesses: - Practices for preparing witnesses vary widely across jurisdictions. The guidelines advocate for a balanced approach that allows for witness preparation while maintaining the integrity of their testimony [[?]](https://lnkd.in/d5eU5ntr). The ongoing discussions reflect a concerted effort to refine the guidelines to better align with current international arbitration practices. This involves not only addressing the immediate procedural issues but also fostering a culture of integrity and fairness across all arbitration activities. For those interested in further details and updates on these developments, I recommend visiting the International Bar Association's official website https://www.ibanet.org/ Embracing the Future As we move forward, it is crucial that we continue to adapt and enhance our ethical frameworks to support the evolving needs of international arbitration. By doing so, we can ensure that arbitration remains a fair, efficient, and trusted method of dispute resolution in the global arena. --- #InternationalArbitration #EthicalStandards #LegalTech #ArbitrationIntegrity #LegalInnovation #IBAGuidelines #DisputeResolution #AFSA #LegalProfessionals #FutureOfArbitration

[The Process of Islamic Arbitration Under Malaysian Law] by Ranusha a/p Thanabalasingam, Fateh Arina, Nur Hanis Syazwani Binti Sabdin, & Zati Akhtar Binti Khairul ‘Azmi Poster by Ahmad Sirin Nabhan Arbitration is commonly used to resolve commercial disputes, particularly in international commerce, and is also prevalent in consumer and employment issues in some countries, like the United States. It often arises from employment conditions or commercial contracts that waive class action rights. However, in pre-Islamic Arabia, Muslims used tahkim, a known method for resolving disputes, to settle civil and commercial disputes. ? The term is derived from hakkama, which means to turn a man back from wrongdoing. Tahkim involves the disputing parties appointing an arbitrator to judge between them, similar to a qadi (judge) with the authority to make decisions. In this article, elements of tahkim were discussed, which include the disputing parties (Muhakkimun), the arbitrators (Muhakkamun), the offer and acceptance of the arbitrator's position (sighah of tahkim), the subject matter (Mawdu’ al-Tahkim), and the judgment (Hukm). ? The authors have also discussed Islamic arbitration's position and application in Malaysia in relation to the subject matter, nature of the agreement, and essential elements ————————————————————- All editions of Law Majalla can now be read through these links: ?? Website: https://lnkd.in/dQiG2Z_f ?? LinkedIn: https://lnkd.in/gaAu9Qen ???????? ??????????????, ?????? ?????????????? ????????

Over 1,000 delegates, 30 esteemed judges from all 7 High Courts, and 60 distinguished speakers convened at the Pakistan International Disputes Weekend 2024 (PIDW'24) on May 11th and 12th. The event fostered a vibrant exchange and shaped the future of dispute resolution in Pakistan. Key takeaways to enhance Pakistan's dispute resolution landscape: ? Enhancing Investment & Trade: Robust dispute resolution mechanisms and empowered local practitioners are crucial for large infrastructure projects like CPEC. Transparency and strong enforcement of awards in investment treaty arbitration attract foreign investment. ? Empowering Alternative Dispute Resolution (ADR): Pakistan's potential signatory status to the Singapore Mediation Convention highlights the growing importance of mediation. Lawyer involvement, effective ADR centers, and a robust legal framework are vital for developing ADR infrastructure. ? The Judiciary and Economic Growth Nexus: Enforcing the rule of law, addressing frivolous litigation, and promoting ADR are key for economic growth and investor confidence. Strategies include separate arbitration authorities, judicial training, and promoting institutional arbitration. ? Dispute Avoidance & Specific Sectors: Integrating Dispute Avoidance and Adjudication Boards (DAABs) within the court system can proactively prevent disputes. Studying best practices and creating a conducive environment are crucial for resolving energy sector disputes. Sharing best practices, promoting collaboration, and effective dispute avoidance strategies are key to efficient dispute resolution in vital industries. Looking Ahead: Identifying legal hurdles and advocating for reforms are vital to attracting foreign direct investment (FDI). Collaboration within the newly formed Asia-MENA ADR Cooperative Group can potentially enhance dispute resolution practices across the region. Chartered Institute of Arbitrators (CIArb) Pakistan International Disputes Weekend (PIDW) Pakistan Engineering Council MK Consultus LLP TCC ADR Centre CIArb Pakistan Branch Mian Sheraz Javaid High Court of Sindh, Karachi #PIDW24 #ADR #AlternativeDisputeResolution #Collaboration #DisputeResolution #ThankYouPEC #Success #PIDW25 #PIDW #CommercialDisputes #Arbitration #Mediation #Innovation #GrandEvent #lawfirm #legal #disputeresolution #disputes #disputemanagement #knowledgeexchange #karachipakistan #Litigation #CPEC #ConstructionProjects #LegalExpert #KarachiPakistan #IndustryChallenges #PakistanEconomy #StakeholderEngagement

The Commercial Legal Service Center of the China Council for the Promotion of International Trade (CCPIT) recently hosted a lecture titled “Legal Risk Prevention and Dispute Resolution Exchange Conference for Chinese Enterprises Expanding into South-east Asia - A Singapore Perspective” on 25 September 2024. As part of this, representatives from our Shanghai Representative Office were invited to speak on relevant topics during this lecture. Yuqing LEI, Legal Consultant of the CCPIT Commercial Legal Service Center, spoke in the first session on the topic of “Chinese Enterprises Expanding into South-east Asia - Trends, Challenges and Recommendations", where she summarised the current trends of Chinese companies expanding overseas, analysed the main risks and challenges they encounter, and offered recommendations for interested businesses. The second session on “Best Practices for Managing Investment Risks in South-east Asia” was hosted by Allen & Gledhill Shanghai Representative Office Managing Partner 杨凯章Yong Kai Chang, where he provided insights on various aspects crucial for Chinese enterprises investing and developing in Singapore and South-east Asia, including the significant risks to be aware of and the practical approaches to adopt when expanding overseas. The third session focused on the topic of “Tailored Dispute Resolution Clauses”, where Co-Head of our Litigation & Dispute Resolution Department Ong William explained the reasons for choosing Singapore as a dispute resolution venue, as well as the important aspects when designing dispute resolution clauses through case study analysis. Partner Yanyi Kang 江妍仪 also provided a detailed comparison of the differences between common law and civil law systems to help Chinese enterprises understand the distinctions in litigation and international arbitration procedures and judgments under different legal systems. To find out more about our Shanghai Representative Office, please visit: https://lnkd.in/gUywehVq #allenandgledhill #singapore #china #law #disputes #disputeresolution

Landed in Mexico on their independence day for the International Bar Association Annual conference in #MexicoCity! I’m truly looking forward to be speaking at the #IBAAnnualConference tomorrow, participating in a distinguished panel moderated by Virginie ColaiutaJ and Jalal (Jil) EL AHDAB, alongside my esteemed colleagues Cecilia Azar, Eric Franco FCIArb MSc, and Hermann Knott. Our session will explore the vital topic of "Mediation for Construction Disputes: Is it Successful? What Does it Take?" This discussion is particularly important in the realm of construction, where disputes can often lead to significant project delays and financial strain. Mediation has emerged as a viable alternative to litigation, offering a more efficient, cost-effective means of resolving conflicts. I previously spoke on a similar topic at the Singapore Mediation Convention as well, so safe to say, that the symphony between mediation and construction has gained traction. However, its success hinges on several factors, including the expertise of the mediators, the willingness of parties to engage in good faith, and the complexity of the issues at hand. As a civil-engineer-turned lawyer, I’m looking forward to contributing to this important conversation and examining how mediation can be more effectively employed in the construction sector. Join us for an in-depth session at PALACIO DE CANAL 9, LEVEL E1, from 11:15 AM to 12:30 PM. We welcome you to engage with us in a thought-provoking discussion on the future of dispute resolution in construction. If not for the discussion, drop by nonetheless for a hello or a quick chat! I look forward to seeing you there! International Bar Association Chartered Institute of Arbitrators (CIArb) No5 Barristers' Chambers Pakistan International Disputes Weekend (PIDW) #IBA #AnnualConference #MediationI #Construction #ConstructionDisputes #DisputeResolution #ADR #ConstructionLaw #Legal #Conference #Mexico #MediationSuccess #ConflictResolution #LitigationAlternatives #ConstructionProjects #IndustryInsights #ProfessionalDevelopment #IBA2024

?? Unlock the Power of ADR: A Spotlight on Arbitration Act, 1940 (Pakistan) ?? ?? Arbitration Act, 1940 is the cornerstone of Alternative Dispute Resolution (ADR) in Pakistan, offering a streamlined and efficient way for corporate entities to resolve disputes without the lengthy and expensive process of litigation. Key Features of the Arbitration Act, 1940: ?? Flexibility: Parties can choose arbitrators with relevant expertise. ?? Time Efficiency: Bypasses the delays of traditional courts. ?? Confidentiality: Protects sensitive corporate information. ?? Finality: Arbitral awards are binding and enforceable, providing a sense of closure. ?? Why Corporate Pakistan Should Embrace ADR? ?? Global Trends show that ADR is becoming the preferred mode for dispute resolution: ?? According to the International Chamber of Commerce (ICC), 80% of cases referred to arbitration are resolved faster than traditional litigation. ?? The World Bank reports that ADR mechanisms save up to 60% of the time required for dispute resolution compared to courts. ?? Companies using ADR save approximately 30-50% in legal costs (PwC Global ADR Survey). ?? With Pakistan striving to enhance its business environment, ADR mechanisms like arbitration are essential for fostering investor confidence and ensuring dispute resolution efficiency. ?? Call to Action for Corporate Leaders: ?? Adopt ADR mechanisms to align with global best practices. ?? Train in-house counsel on arbitration to strengthen your company’s ability to resolve disputes effectively. ?? Work with experienced arbitrators and organizations to ensure fair and transparent outcomes. ? ADR isn't just an alternative; it's a necessity for progressive dispute management. Let’s build a corporate culture in Pakistan that values time, efficiency, and professionalism. ?? Let’s connect and collaborate to make ADR the go-to choice for dispute resolution in Pakistan. #ADR #Arbitration #CorporatePakistan #legishut #proficiaconsult #Efficiency #DisputeResolution ?????

Introducing our esteemed speaker for PIDW'24, Kevin Nash, Registrar at the Singapore International Arbitration Centre (SIAC), Singapore. With extensive experience in international arbitration, Kevin leads the SIAC Secretariat in providing exceptional case management services. Over the past decade, he has successfully administered thousands of international cases under various arbitration rules, demonstrating his deep expertise in the field. Kevin played a pivotal role in the revisions to the SIAC Rules, including the 2013 and 2016 versions, as well as the SIAC Investment Arbitration Rules 2017. He is currently leading the drafting process for the seventh edition of the SIAC Rules, showcasing his commitment to advancing arbitration practices. Furthermore, Kevin actively contributes to UNCITRAL Working Group II and III, offering valuable insights into dispute settlement and investment arbitration. Recognized as a global leader in international arbitration, Kevin's passion and knowledge have earned him accolades from peers and clients alike. Who's Who Legal lists him as a Global Leader and National Leader for Southeast Asia in international arbitration. Described as a "rock star of arbitration" and praised for his expertise and professionalism, Kevin is unmatched in his institutional knowledge and understanding of arbitration in Singapore. Join us on May 12th, 2024, at the PC Hotel Karachi, Pakistan, as Kevin shares his insights on the topic "Development of ADR: Past, Present, and Future," offering a comprehensive analysis of ADR trends and future trajectories. Reserve your spot now to engage in this enlightening discussion! Registration Link: https://lnkd.in/dN_3fdZJ #PIDW24 #CIArb #Arbitration #Pakistan #PIDW #CommercialDisputes #Arbitration #Mediation #Innovation #GrandEvent #lawfirm #legal #disputeresolution #disputes #disputemanagement #lahorepakistan #successstory #knowledgeexchange #karachipakistan #Litigation #CPEC #ConstructionProjects #LegalExpert #KarachiPakistan #IndustryChallenges #PakistanEconomy #StakeholderEngagement

10 Myths About International Arbitration Under AFSA International Rules 2021 CONTINUED #### Myth 6: **International Arbitration Lacks Transparency** **Reality:** The AFSA International Rules provide for transparency in proceedings while maintaining confidentiality where required. Parties can agree on the level of transparency, balancing the need for openness with the protection of sensitive information. #### Myth 7: **Parties Have Limited Control Over the Arbitration Process** **Reality:** The AFSA International Rules offer significant procedural flexibility, allowing parties to tailor the arbitration process to their specific needs. This includes choosing arbitrators, deciding on procedural rules, and setting timelines. #### Myth 8: **Arbitrators Under AFSA Rules Are Not Experienced in International Law** **Reality:** Arbitrators selected under the AFSA International Rules are highly qualified professionals with extensive experience in international law and arbitration. Their expertise ensures that they can handle the complexities of cross-border disputes effectively. #### Myth 9: **International Arbitration is Only for Complex Disputes** **Reality:** The AFSA International Rules are suitable for a wide range of disputes, from simple contractual issues to complex multi-party matters. Their flexibility and adaptability make them an excellent choice for various types of international disputes. #### Myth 10: **International Arbitration is Inflexible and Rigid** **Reality:** The AFSA International Rules are designed to be flexible, allowing parties to adapt procedures to suit their specific circumstances. This includes options for expedited procedures, emergency arbitrators, and other tailored solutions that enhance the efficiency and effectiveness of the arbitration process. ### Conclusion The AFSA International Rules 2021 offer a robust framework for international arbitration, dispelling many common myths. By providing cost-effective, flexible, and enforceable solutions, they ensure a fair and efficient dispute resolution process suitable for parties across the globe. #AFSA #InternationalArbitration #ADR