The AIAC YPG Conference successfully culminated, setting the stage for the AIAC APAC Pre-Moot 2024. Garnering participation from arbitrators, professionals and participants from diverse regions worldwide, the conference explored insights essential for enhancing the knowledge of young practitioners in the ADR arena.
The conference began with welcoming remarks from the AIAC YPG’s Co-Chair, Mr. Kai Jun Lee who touched upon the unprecedented challenges traditional dispute resolution is facing in meeting the demands of today’s complex disputes. He expressed hope that these discussions would offer new insights into the untapped potential of ADR.
Thereafter, AIAC Director Datuk Sundra Rajoo’s opening remarks highlighted the transformative journey undertaken by the AIAC towards the aspiration of revitalising both the Centre and Malaysia as a global hub.
The conference proceeded to keynote remarks by Dato’ Nitin Nadkarni (LHAG) who was delighted to see the turnout and commended the AIAC YPG for bringing together young practitioners and introducing topics of discussion that are crucial in navigating arbitration practice.
The first session was moderated by Ms. Tatiana Polevshchikova (Rybalkin, Gortsunyan, Dyakin & Partners), featuring Ms. Nereen Kaur Veriah (Atma Singh Veriah & Co), Mr. Chee Khoon (Hayden) Tan (Quahe Woo & Palmer LLC) and Dr. Dr. Navin G. Ahuja, FCIArb FAIADR (Moot Alumni Association) as speakers led a discussion on interim measures where the speakers cited landmark cases to substantiate the processes and the issues that arise when obtaining an order. Some points discussed were the mechanics of interim measures relief within the AIAC’s Arbitration Rules against the landscape of the Malaysian Arbitration Act 2005, arguments against granting interim measures, the interim relief under the ICC Arbitration Rules and a comparative analysis with the Singapore Arbitration Act.
The second session revolved around the topic of ‘Show me the money!: Best Practices in Costs Allocation in Arbitration’ with contributions from Ms. Lilien W. (Shearn Delamore & Co.) as moderator, Ms. Sara Nadeau Seguin (Teynier Pic), Mr. Raja Kumar Raja Kandan (Azman Davidson & Co) and Ms. Crystal Wong Wai Chin (LHAG) as speakers. This session delved into the fundamental inquiry regarding the legitimacy of the "winner takes it all" approach, prompting a discussion on the types of fees involved in an arbitration proceeding, cost allocation in multiple jurisdictions, how tribunals render their awards based on actual cases, and the test of reasonableness that tribunals employ.
AIAC YPG Co-Chair and AIAC Senior International Case Counsel Ms. Jazmin Sapienza tied the whole event in her closing remarks by echoing Datuk and Mr. Lee’s hopes and aspirations for the outcome of the conference and the pre-moot.
For more information on how to join the AIAC YPG, please visit https://www.aiac.world/ypg.
