Baker & Partners’ Post

At a recent panel discussion on “Trends in Commercial Disputes in Asia” co-organised by Kudun and Partners and WongPartnership LLP, our Deputy Head of Commercial & Corporate Disputes and International Arbitration Partner Wendy Lin was invited to share her insights with fellow panellists Woojae Kim, Partner of Bae, Kim & Lee LLC in Korea, and Kongwat Akaramanee, Partner of Kudun and Partners in Thailand. The panel was moderated by Emi Rowse Igusa, Partner of Kudun and Partners. Wendy shared her views on recent industry and jurisdictional trends in Singapore including the rise in arbitration-related court proceedings and enforcement actions; and provided practical guidance on the Court of Appeal decision of Anupam Mittal, selecting between Singapore courts, Singapore-seated arbitration, and the Singapore International Commercial Court (SICC), as well as how to proactively and effectively manage disputes.

Third-Party Funding (TPF) has gained significant traction in international arbitration, providing a financial mechanism that allows parties to transform their claims that would have been a huge financial burden to pursue into a financial asset. Nigeria’s Arbitration and Mediation Act, 2023, formally recognizes TPF, aligning Nigeria with other jurisdictions promoting access to justice. The case of KCS v. TFM highlights the importance of TPF agreements in arbitration and the legal issues that may arise about the prevailing party’s right to reimbursement of costs incurred to obtain TPF in the arbitration. In this Jus Mundi article, our Team Lead, Joseph Siyaidon, Esq, MCIArb., and Associates, Stanley Umezuruike and Ebube Okorji, provide an in-depth analysis of the evolving acceptance of Third-Party Funding in arbitration, specifically examining the case of KCS v. TFM. They also evaluate the Court’s approach to awarding litigation funding costs, discuss the legal arguments presented by both parties, and highlight the implications of the decision for arbitral tribunals and parties seeking funding in international arbitration. Click the link below to read the full publication and reach out to contact@strenandblan.com for further inquiries and consultation. https://lnkd.in/esNTMNb2 #strenandblanpartners #thirdpartyfunding #arbitration #jusmundi

📝 How will the Singapore Convention on Mediation impact international dispute resolution? Benedikt Kaneko of the Higher Regional Court of Hamburg and Shinji Ogawa of the Japan Commercial Arbitration Association discuss the details of the Singapore Convention on Mediation, which recently entered into force in Japan, alongside the 2024 JCAA Commercial Mediation Rules. This piece unravels the intricacies of the new framework and its implications for international commercial mediation. 🚀 Curious to learn more? Read the full article on #DailyJus 🔗 https://lnkd.in/eBu4m-GP

ALN Academy MasterClass on Introduction to International Commercial Arbitration for African Lawyers CIMA is thrilled to share this expert MasterClass designed to equip African lawyers and students with foundational and practical knowledge in international commercial arbitration. Highlights: This session is particularly aimed at preparing African participants for the prestigious Willem C. Vis Moot Court, held annually in Vienna. Key topics include: An overview of international commercial arbitration. Its interplay with domestic law courts. Arbitration agreements, jurisdiction, enforceability, and the competence of national courts. Objectives: Develop a deep understanding of theoretical and practical aspects of arbitration, with a focus on the African context. Gain insights into arbitration rules, including choosing the right rules, seat, and interpreting arbitration agreements effectively. Guest Speaker: Angeline Welsh, Barrister, Essex Court Chambers; Board Director, ALN Academy Moderator: Tabitha Joy Raore, Senior Associate, ALN Kenya | Anjarwalla & Khanna; Coach of Africa in the Moot Programmes Co-Moderator: Christopher Awodimila, Special Assistant to the Attorney General, Delta State, Nigeria; Member, Lagos Court of Arbitration—Young Arbitrators Network Partners: Africa in the Moot | LCA-YAN | Strathmore Law School | ALN Academy Watch Now: https://lnkd.in/exvpDzXb #InternationalArbitration #AfricanLawyers #VisMoot #ArbitrationMasterClass #ADR #AfricaInTheMoot #CIMA #LegalEducation

The focus on transparency and confidentiality underscores the delicate balance required in ADR processes, where confidentiality is often paramount, yet transparency and public access are increasingly valued. This panel discussion is poised to offer valuable perspectives, drawing from the rich experiences of the panelists.

💡The Power Of Dispute Resolution There has been an increase in the use of arbitration, mediation and tribunals by litigants in Zambia. Arbitration is very common in commercial matters. Arbitration proceedings are governed by the Arbitration Act No. 19 of 2000, and by virtue of the provisions of section 8 of the Act. The Arbitration Act incorporates the UNCITRAL Model Law and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The rule is that if the parties have agreed to include an arbitration clause in the agreement, then the Zambian courts have no jurisdiction to adjudicate on the matter. The court, however, can grant interim relief to facilitate an arbitral tribunal discharging its functions. Mediation is court-annexed. Most specialised contracts prefer arbitration because it is quicker, and the parties can get an expert in the subject area of the contract to arbitrate. Tip Of The Week: Tip: Familiarize yourself with the rules and procedures governing Alternative Dispute Resolution in Zambia. #adr #ecb #2024 #tipoftheweek #LegalTips #disputeresolution

Check out the latest edition of our International Arbitration Newsletter—with insights from around the world including the latest from Canada, where my colleagues Mike Schafler, FCIArb, QArb, Emily McMurtry, ACIArb, Radha Lamba and I cover the latest Canadian developments on the test for arbitrator challenges in Aroma Franchise v Aroma Espresso Bar. #Dentons #InternationalArbitration

Together with my colleague Avinash Poorooye, I was happy to contribute an article to Reed Smith's most recent International Arbitration newsletter. This edition focuses on Africa, a key region for the Reed Smith arbitration team.  In our article, we consider the unlevel costs playing field for African parties in international arbitrations, as well as funding options for African parties, including third-party funding. https://lnkd.in/edjdxs7G #Africa #InternationalArbitration #ReedSmithIA #ReedSmith

Check out the latest edition of our International Arbitration Newsletter - with insights from around the world including the latest from Canada on the test for arbitrator challenges authored by Mike Schafler, FCIArb, QArb, Emily McMurtry, ACIArb, Radha Lamba and Ramy Sarouf. #Dentons #InternationalArbitration

Check out the latest global insights in International Arbitration from our team!