Legal Committee: The Importance of Dispute Resolution Clauses in Negotiated Transactions
Date and Time
Wednesday Oct 26, 2022
10:00 AM - 11:00 AM ICT
Location
Online Webinar
Fees/Admission
Members: Free of charge
Non-members: 1,000 baht
Contact Information
Bell at 02 119 3358
Send Email
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Description
When a dispute arises in a negotiated transaction, the two primary methods of resolving that dispute are litigation and arbitration. Most commercial contracts can be drafted to provide for a customized dispute resolution mechanism. The dispute resolution clause can cover such matters as the language of the proceedings and the rules of the proceedings. The dispute resolution method selected can affect the enforceability of the judgment or award (in and outside of Thailand), whether the proceedings are private or public, if an appeal is available following the initial ruling or judgment and other matters that are often, in practice, dispositive.
We will have a panel of experienced litigation and arbitration lawyers from the region discuss the pros and cons of various dispute resolution mechanisms and clauses. Although dispute resolution clauses are often the last clause the parties negotiate and draft for a contract, they often provide a significant advantage to one party or another and can be dispositive. The format will be a moderated panel discussion and we will take questions from the audience. Please join us for this event.
About the Speakers:
Steven Burkill, Partner, Watson Farley & Williams, Head of the firm’s Bangkok office, and Head of the WFW Dispute Resolution Group and a Deputy Senior Partner of the firm. Steven specializes in complex international disputes, in particular, London and Asia-based arbitrations. Steven has sat as an arbitrator (sole and co-arbitrator and Chair) in the ICC, SIAC, TAI and ad hoc arbitrations. This includes English Law and Thai Law. Steven's qualification: Law Society of England and Wales, Cambridge University.
Antony Crockett, Partner, Herbert Smith (Hong Kong). Antony has more than 15 years experience in international arbitration and cross-border dispute resolution and has practised in Asia for a decade. Antony is tri-qualified, in Australia (Victoria), England & Wales and Hong Kong SAR. University of Melbourne, LLB (Hons) Law, London School of Economics and Political Science, LLM (Dist.), International Law.
Vanina Sucharitkul, FCIArb, International Arbitrator, L'Université Paris Descartes (Paris V) Attorney-at-Law (California). Vanina specializes in international commercial and investment arbitration and has over 15 years’ experience advising local and international clients on diverse range of cross-border disputes, as well as acting as counsel and advocate, in leading international firm offices in San Francisco, Bangkok, Paris and London. Qualified in California, Vanina then obtained her Doctorat en Droit (D.Phil) at the Université de Paris Panthéon-Assas on investment arbitration. Vanina has sat as arbitrator under the auspices of a number of institutions such as the TAI, SIAC, SCIA, AIAC, and ICC. Vanina served as Thailand’s member to the ICC for 3 terms, Director of Arbitral Women for 2 terms and is currently Chair of the CIArb Thailand and the President Founder of the YTHAC.
Our Moderator:
Douglas Mancill, Legal Analytics. Qualification: California. U.C. Berkeley Law School. Dual Thai and U.S. national. Jury and bench trials in the U.S. JAMS, ICC, TAI and ICSID arbitration work.