The foundation of arbitration lies in the agreement of parties to arbitrate. Party autonomy is often invoked as a guiding principle. Nonetheless, there are instances where a dispute just cannot be decided by a private tribunal, whatever the parties say. It is accepted that the validity of an arbitration agreement, and the enforceability of an arbitral award, are subject to the concept of arbitrability. Yet, arbitrability is an evolving concept, the contents of which vary from jurisdiction to jurisdiction, and even change over time. This talk explores the idea of subjective and objective arbitrability. It also looks at the constraints of arbitrating difficult subject matter such as insolvency, oppression of minority shareholders and trust disputes.
Chan Leng Sun, SC – Principal, Baker & Mckenzie. Wong & Leow
Leng Sun heads the Dispute Resolution practice in Baker & McKenzie.Wong & Leow and is Baker & McKenzie’s Asia Pacific Head of International Arbitration. He is qualified in Malaysia, Singapore and England. Leng Sun was appointed Senior Counsel, Singapore’s equivalent to the Queen’s Counsel, in January 2011. In addition to years of experience in maritime-related work, he has a broad commercial practice that covers international trade, insurance and company law.
Apart from being counsel, Leng Sun is an arbitrator and adjudicator on the panel of leading arbitral institutions. He is President of the Singapore Institute of Arbitrators (SIArb) and was Chairman of the Singapore Law Society ADR Committee. He serves on statutory tribunals such as the Income Tax Review Board and the Maintenance of Parents Tribunal. He is on the Advisory Panel of the Singapore Maritime Foundation.
Leng Sun has taught at the law schools of the National University of Singapore and the Singapore Management University. Leng Sun was a legal officer of the United Nations Compensation Commission in Geneva and a SIAC-CIAC Observer to the UNCITRAL Working Group on Arbitration. He has published widely in international journals and is the author of the book Singapore Law on Arbitral Awards, which has been cited with approval by Courts in Singapore and Australia.
Leng Sun has been recognized as a leading lawyer in legal and industry publications.
Lam Wai Loon – Partner, Skrine
LAM WAI LOON is a Partner at Skrine. His practice focuses on dispute resolution of building construction related disputes. He has acted as counsel for various large construction companies in a variety of construction disputes. He also sits as an arbitrator. In addition to the legal qualications, he obtained a Masters Degree in Business Administration from the Heriot-Watt University, Scotland. He is a Fellow of the Chartered Institute of Arbitrators (U.K.), and
is on the Kuala Lumpur Regional Centre for Arbitration¹s panel of arbitrators and adjudicators. He is the current Vice President of the Society of Construction Law, Malaysia [2012-2014], the Honorary Secretary of the Chartered Institute of Arbitrators, Malaysia Branch [2012-2014], and the Honorary Secretary of the Malaysian Society of Adjudicators [2013-2014].
1430 pm Event Registration
1500 pm Welcome Remarks
1510 pm Arbitrability : The Limits of Arbitration by Mr Chan Leng Sun, SC
1630 pm Question & Answer Session moderated by Mr Lam Wai Loon
1700 pm End of Programme
Letter of Attendance will be issues 2 weeks after the event date. Letter of attendance will be send via post to the address in participants registration form.
Bar Council Malaysia 2 Points
For more information regarding the event, please do not hesitate to contact Mr Chalee Nai Kin, Business Development, Manager at 03 2271 1000 or email to [email protected]