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DEBATE: This House Believes That Arbitral Tribunals Should Appoint Their Own Experts As A Matter Of Course (05 December 2019)
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ABOUT THIS DEBATE:
 
Expert witnesses are a common sight in arbitration. From engineers and quantity surveyors in construction disputes, to bankers explaining complex financial products, to accountants and economists calculating losses, to lawyers opining on principles of an unfamiliar law, their evidence is crucial to many disputes. Their role is to give objective and professional expert opinions to assist the tribunal in resolving the dispute, but they are typically (at least in Singapore) selected and appointed by the parties and their legal teams.
In this debate, the Singapore Institute of Arbitrators invites you to consider whether expert evidence requires a shake-up. Should arbitral tribunals be using their powers to appoint their own experts much more often, either to supplement or as a replacement for the evidence of party-appointed experts?
 
Participants:
  • For the motion: Chloé Vialard (Associate, Shearman & Sterling) and Maximilian Benz   (Senior Consultant, HKA)
  • Against the motion: Nicholas Poon (Director, Breakpoint LLC) and Elan Krishna  (Senior Associate, Clifford Chance Asia)
  • Moderator: Richard Hayler (Partner, Deloitte)
  • Judges: Shilppa Sabarinathann (Senior Accountant, Matson Driscoll & Damico), Kate Apostolova (Senior Associate, Freshfields Bruckhaus Deringer)  and Wendy Lin (Partner, Wong Partnership)
 Join us for free flow of wines, beers, soft drinks and food after the event!
OBJECTIVE OF THIS DEBATE:
 
SIArb’s mission includes the education of arbitration practitioners, the promotion of arbitration and the development of the profession of arbitrator, as well as providing social and networking opportunities for all those involved in arbitration in Singapore. The Institute is keen to play its part in helping younger practitioners develop their careers in arbitration.
Following the success of last year’s inaugural debate, we have again assembled a group of leading younger practitioners to elucidate an important area of practice. Whilst particularly aimed at younger practitioners, the debate is open to all.
 
PROGRAMME:
5.30 – 6.00pm Registrations and Standing Buffet Reception
6.00 – 7.00pm

Debate On The Motion:

“This House Believes That Arbitral Tribunals Should Appoint Their Own Experts As A Matter Of Course”
7.00 – 8.30pm Networking Drinks

ABOUT THE DEBATERS:

 
Maximilian Benz - Senior Consultant, HKA
 
Maximilian Benz is a Chartered Quantity Surveyor with over 7 years’ experience in the industry. Maximilian currently works in the construction disputes team at HKA advising a variety of client throughout APAC and further afield. Maximilian has held Commercial and Contract Management positions which has enabled him to become a specialist in facilitating the successful execution of a variety of projects employing various forms of contract. His experience encompasses projects from a variety of sectors including theme parks, airports, rail and large infrastructure to name a few.
 
 
Elan Krishna - Senior Associate, Clifford Chance Asia
 
Elan Krishna is a senior associate in Clifford Chance Asia’s International Arbitration and Dispute Resolution practice. Elan has acted for clients in a wide variety of high value and complex arbitration matters under the auspices of major international arbitral institutions, with a particular focus on arbitrations involving allegations of fraud, corruption or illegality. Elan has been recommended in Legal 500 Asia-Pacific 2019 with clients praising him as 'relentlessly productive'.
He also has an active litigation practice centred on commercial appeals to the Court of Appeal. Elan speaks fluent Mandarin.
 
 
Nicholas Poon - Director, Breakpoint LLC
 
Nicholas Poon is the founder of Breakpoint LLC, a specialist dispute resolution practice. He has represented clients as lead counsel at all levels of the Singapore Courts, including the Court of Appeal, and in arbitrations. His experience in international arbitration includes assisting the Singapore Courts in a number of leading arbitration decisions as a Justices' Law Clerk, and co-teaching the international arbitration course at Singapore Management University. Nicholas publishes regularly, and several of his works have been cited by the Singapore Courts and commentators.
 
 
Chloé Vialard - Associate, Shearman & Sterling
 
Chloé Vialard is an associate in Shearman & Sterling’s International Arbitration practice. In September 2018, Chloé transferred to Singapore after having practiced 5 years in Paris. Her experience includes acting as counsel in international arbitrations concerning commercial, energy and construction disputes with Asian, European and African nexus. As a French qualified lawyer, Chloé also has experience in enforcement and annulment proceedings before French courts.
 

ABOUT THE JUDGES:

 

Kate Apostolova - Senior Associate, Freshfields Bruckhaus Deringer

Kate is a senior associate based in Freshfields’ Singapore office and has experience in both international commercial and investor-State arbitrations. Recognized as one of the most highly regarded international arbitration practitioners in Asia, Kate has extensive experience representing clients in a wide-range of industries, including oil & gas, mining, nuclear power, construction, finance, technology. Kate is also on the committee of the Singapore International Arbitration Centre’s young practitioners group.
Kate previously worked as an associate at Cleary Gottlieb in New York City. Prior to that, she was a law clerk to the President of the International Criminal Tribunal for the Former Yugoslavia and a research assistant to the late Professor David D. Caron. Kate has a juris doctorate degree from the University of California, Berkeley School of Law, where she was editor-in-chief of the Berkeley Journal of International Law. She is admitted to practice in New York, before the Supreme Court of the United States and the Singapore International Commercial Court.

 

Wendy Lin - Partner, Wong Partnership

Wendy Lin is a Partner in the International Arbitration and Commercial & Corporate Disputes Practices at WongPartnership LLP. She is also presently the Co-Chair of the YSIAC Committee. Wendy has an active practice in a wide-array of high-value, multi-jurisdictional, and complex disputes, both before the Singapore Courts as well as in arbitrations conducted under various arbitral rules (including the SIAC, ICC, HKIAC, LCIA, UNCITRAL and ICSID rules). Amongst her many accolades, Wendy was selected as one of the four most highly-regarded litigation partners in Asia-Pacific under the age of 45 in the inaugural publication of Who’s Who Legal: Litigation – Future Leaders 2018. She has also been recommended for both her dispute resolution and arbitration work by The Legal 500: Asia Pacific.

 

Shilppa Sabarinathann - Senior Accountant, Matson Driscoll & Damico

Shilppa is an accountant based in MDD’s Singapore office where she specialises in disputes over loss quantum or the interpretation of financial reporting standards and GAAP. She has assisted in the preparation of numerous expert witness reports for disputes for court and arbitral proceedings involving parties from around the world. She is a Singapore-qualified Chartered Accountant and a Chartered Global Management Accountant. Shilppa is also regularly involved in assessing insured losses for domestic and international insurers and reinsurers and has quantified fidelity and business interruption claims in the telecommunication, financial services, professional services and resorts and casino industries.

ABOUT THE MODERATOR:

 

Richard Hayler - Partner, Deloitte

Richard is Deloitte’s lead partner for disputes and arbitration in Southeast Asia. A fellow of multiple societies, he is internationally recognized as a leading accounting, finance and valuations expert. Richard has previously lectured at Singapore Management University as Adjunct Faculty and currently helps set global valuation standards as a member of the Standards Review Board of the International Valuation Standards Council. Richard was formerly the treasurer of the Chartered Institute of Arbitrators Singapore Branch, a position he held for almost seven years. Richard is an ICAEW and ISCA Chartered Accountant and Chartered Alternative Investment Analyst.

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  REGISTRATION CLOSING DATE: 28 November 2019

FEES

(includes refreshments & materials, if any)

Category
40 years old and below
Above 40 years old
SIArb Members S$ 20.00 S$ 40.00
Members of:
Marine Offshore Oil & Gas Association (MOOGAS); Regional Arbitral Institute Forum (RAIF); Singapore Institute of Architects (SIA); Society of Construction Law Singapore (SCL (S))
S$ 25.00 S$ 50.00
Others S$ 30.00 S$ 60.00
Location 1 Marina Boulevard, NTUC Centre, Level 9 Room 903, Singapore 018989
SILE CPD Points -
Public CPD Points: 1
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