Motion: This House believes that an Integrated Dispute Resolution (IDR) Mechanism, allowing a Resolver to freely select from Arbitration, Mediation or Negotiation, is the most efficient way to resolve maritime disputes of the future.
Will maritime disputes of the future be most efficiently resolved through contractually agreed ADR mechanisms such as arbitration or mediation? Or should ADR mechanisms be dynamically determined only after a dispute has arisen, taking into account the nature and circumstances of the dispute?
This debate motion proposes that maritime disputes of the future would be most efficiently resolved through an Integrated Dispute Resolution (IDR) Mechanism, which allows a Resolver to freely choose among Arbitration, Mediation, or Negotiation, after a dispute has arisen. This approach is argued to provide unmatched flexibility, potentially speeding up the resolution process by aligning the method more closely with the specific stages and characteristics of each dispute, resulting in significant reductions in both time and costs.
However, detractors point out that the absence of a predetermined mechanism might undermine consistency and predictability, which are essentially elements of fairness in dispute resolution. Such a mechanism integrating different methods of dispute resolution could introduce unwelcome complexity and inefficiency, rather than streamlining the process. There is also a concern about the possible influence of a Resolver's personal preference or specific expertise on their choice of resolution method, potentially skewing outcomes.
Debaters will spar over the concept of an Integrated Dispute Resolution (IDR) mechanism. Can IDR be effective as ADR?
Moderators
Senior Counsel & Chartered Arbitrator
Leng Sun is a highly regarded Senior Counsel of the Supreme Court of Singapore, a Chartered Arbitrator, and a member of the ICC Commission on Arbitration and ADR. He has extensive experience as counsel and arbitrator in international arbitrations, and is recognized as one of the top lawyers globally. Leng Sun has also authored books and contributed to various legal publications. He has been awarded the Public Service Medal by the President of Singapore in 2023.
Judge of Appeal, Supreme Court of Singapore
Justice Chong, 59, was appointed Judicial Commissioner of the Supreme Court on 1 October 2009 and a High Court Judge on 1 June 2010. He assumed the position of Attorney-General on 25 June 2012 and was re-appointed as a Judge of the High Court on 25 June 2014. Justice Chong specializes in finance, securities, banking, complex commercial cases, arbitration, company, insolvency, trusts, shipping, and insurance. He also chairs the Professional Conduct Council Working Group and co-chairs the Singapore Academy of Law’s Legal Development Cluster.
King’s Counsel Barrister, Victorian Bar
Matthew Harvey is a leading senior counsel with expertise in corporations law, corporate insolvency, insurance, contracts, trusts, equity, transport, trade, and arbitration. He is highly regarded in legal directories and is praised for his ability to grasp complex matters, present arguments convincingly, and handle major commercial disputes. Matthew regularly appears in various courts and international arbitrations and is also involved in teaching mergers and acquisitions law at RMIT Law School.
Speakers
Senior Legal Counsel, Oldendorff Carriers, Singapore
Catherine is a Senior Legal Counsel with Oldendorff Carriers based in Singapore. She is solicitor qualified in England & Wales, Hong Kong and her native Scotland and is also a Fellow of the Chartered Institute of Arbitrators. Catherine has worked in Asia for the last 16 years and has substantial experience in contentious and not contentious maritime matters including shipbuilding contracts, charterparties and carriage of goods by sea disputes in the English and Hong Kong High Courts, LMAA, HKIAC, SIAC, ICC and CIETAC arbitration forums.
Director, Norton Rose Fulbright, Asia
Edgar specialises in contentious matters within the maritime, international trade, and commercial sectors. With extensive experience in maritime litigation and practical expertise in the Protection and Indemnity (P&I) industry, he represents various clients including P&I clubs, owners, charterers, financial institutions, and cargo interests in litigation and arbitration matters. Edgar is recognized as a maritime specialist and is accredited by the Singapore Academy of Law as a Senior Accredited Specialist (Maritime and Shipping Law). He is also acknowledged by Benchmark Litigation 2024 as a Litigation Star in Shipping.
Partner, Allen & Gledhill
Pey Yann is a Partner in Allen & Gledhill’s International Arbitration, Litigation, and Maritime & Aviation Practices. He acts regularly as Singapore counsel on a wide variety of international arbitration matters, including international arbitrations administered by the SCMA, focusing on international trade and the whole range of “dry” and “wet” shipping work. He is also recognised as an Accredited Specialist in Maritime and Shipping Law by the Singapore Academy of Law.
Partner, Virtus Law LLP
Kaili is a partner at Virtus Law (a member of Stephenson Harwood (Singapore) Alliance). She specialises in commercial litigation and arbitration with a focus on international trade, shipping and oil and gas. She regularly handles multi-jurisdictional matters involving cargo claims, charterparty disputes, bill of lading disputes, offshore construction disputes among others. As part of her practice, Kaili often works with her clients to resolve their disputes and achieve their objectives by utilising different types of dispute resolution mechanisms.
Partner, Watson Farley & Williams
Kimarie is a Partner in Watson Farley & Williams’ Dispute Resolution Group. She has significant experience in the areas of maritime, international trade and commodities and energy across Asia-Pac. She is a litigation specialist and handles matters relating to international trade and transportation, oil and gas, mining and commodities, shipbuilding, offshore and construction, and insurance. Kimarie has in-depth industry knowledge, having completed a number of secondments in her previous tenure at an oil and gas major company, an international commodities trading company, a Norwegian P&I Club, and an international mining company. She is triple qualified in Singapore, Hong Kong and London.
Partner, Dentons Rodyk & Davidson
Senthil is a partner in Dentons Rodyk’s Litigation and Dispute Resolution Practice. Senthil’s main area of practice is in litigation and arbitration with particular experience in handling commercial disputes including those of maritime and aviation, international trade and commodities, manufacturing, onshore and offshore construction, joint ventures and civil fraud. Senthil has represented clients in all levels of the Singapore courts and various international arbitration institutions. From 2017 to 2021, he worked at the Ministry of Law on civil litigation reforms. He is also an advocacy trainer for the Advocacy module of the Singapore Part B Course.