2nd ITA-IEL-ICC Joint Conference on International Energy Arbitration - Singapore
The conference has been suspended due to low enrollment. Registration is closed. We encourage you to join us in Houston on January 19-20, 2023 at the 11th ITA-IEL-ICC Joint Conference on International Energy Arbitration - Houston.
Presented by The Institute for Transnational Arbitration and The Institute for Energy Law of The Center for American and International Law and The ICC International Court of Arbitration.
Freshfields Bruckhaus Deringer
- Keynotes by Singapore Minister in the Prime Minister's Office and Second Minister for Finance and National Development Indranee Rajah SC and Debbie Chastity, Managing Counsel Asia, Chevron Singapore Pte Ltd
- Expert panels on:
- Investment protection For energy projects in Asia Pacific,
- State liability risks for environmental damage,
- LNG pricing disputes in Asia, and
- Top trends in renewables energy disputes
- Debate on the politics of energy transition
- Energy Disputes Year-in-Review presented by Craig Miles (King & Spalding LLP, Houston)
- Oral History Luncheon Interview of Michael Hwang (Michael Hwang Chambers LLC, Singapore) with Tan Chuan Thye, SC (Rajah & Tann Singapore LLP, Singapore)
- Conference Dinner at The Villa in the Singapore Botanic Gardens, Singapore’s first and only UNESCO world heritage site
Schedule and Faculty
As the world emerges from the COVID-19 pandemic, the aftershocks of its disruptive impact continue to be felt across the energy sector. At the same time, the world once again turns its eyes to the climate as the year saw new highs in global temperatures, and devastating natural disasters caused by global warming. Added to those challenges is the conflict in Ukraine which has made countries re-examine their energy dependencies. What impact will these events have on international energy arbitration? After a two-year hiatus, the ITA, IEL and ICC are proud to announce its 2nd Joint Conference on International Energy Arbitration in Singapore, which will once again be held in person. Join us and our esteemed speakers from around the globe as we explore emerging trends in international energy arbitration influenced by these recent world events. The programme will include keynote addresses by Singapore Minister in the Prime Minister's Office and Second Minister for Finance and National Development Indranee Rajah SC and Chevron Pacific Indonesia Vice President and General Counsel Debbie Chastity, a debate on the politics of energy transition, expert panels on key developments in energy arbitration practice in Asia and beyond, and the ever-popular Energy Disputes Year-in-Review.
Wednesday, November 16
Gitanjali Bajaj, DLA Piper, Sydney
Nicholas Lingard, Freshfields Bruckhaus Deringer, Singapore
Paul Sandosham, Clifford Chance, Singapore
1:00 pm – Registration
2:00 – 2:20 pm - Welcome Remarks
- Alexander G. Fessas, Secretary General, ICC International Court of Arbitration, Paris
- Michael P. Lennon, Jr., Chair, Institute for Energy Law, Mayer Brown, Houston
- Tomasz J. Sikora, Chair, Institute for Transnational Arbitration, Senior Counsel, International Disputes Group, Exxon Mobil Corporation, Houston
2:20 – 2:30 pm - Introduction to the Conference
- Nicholas Lingard, Freshfields Bruckhaus Deringer, Conference Co-Chair
2:30 – 2:45 pm - Keynote Address
- Indranee Rajah SC, Minister in the Prime Minister's Office and Second Minister for Finance and National Development, Republic of Singapore
2:45 – 4:10 pm - Sovereign Risk and Investment Protection for Energy Projects In Asia Pacific
Investor-State arbitration is a hot button political issue. But Asian States continue to innovate and conclude new investor-protection treaties, including the Regional Comprehensive Economic Partnership (RCEP) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), as well as a number of new bilateral treaties. Meanwhile, some commentators propose the exclusion of “fossil fuel” investments from the scope of treaty protection.
In this session, leading experts from around the region will: explore key features of new Asian treaties, including the role of mediation and other forms of ADR besides arbitration; ask whether Asia can expect a wave of renewable energy claims mirroring those in Europe; and address the future for investment protection for conventional energy investments in the region.
- Sarah Grimmer, Twenty Essex, Singapore
- Lucy Martinez, independent arbitrator, Australia
- Prof Julien Chaisse, Professor of Law, City University Hong Kong, Hong Kong
- Shreyas Jayasimha, Aarna Law, Bangalore
- Rod Bundy, Squire Patton Boggs, Singapore
4:10 – 4:30 pm - Coffee Break
4:30 – 5:30 pm - Debate: The Politics of Energy Transition: Do War and Pandemic Accelerate Energy Transition?
Judge: Sheila Ahuja, Allen & Overy, Singapore
Many would argue that because the fossil fuel energy system and the political support for it are so entrenched, only an external shock – for example, a war, a pandemic or an abrupt rise in oil prices – allows for an energy transition. Since our last conference in Singapore in 2019, we have now seen and experienced it all – so does the theory hold true? In this debate-style session, leading industry experts will take opposing views to argue whether we have indeed move towards or further away from a global energy transition.
- Min Cao, Strategy Consultant and Energy Transition Investor, Singapore
- Christopher Goncalves, Managing Director and Chair, Energy & Climate Practice, BRG, Washington, DC
5:30 – 6:45 pm - Welcome Reception at the Regent Singapore Hotel
7:30 – 9:30 pm - Joint Conference Dinner
Nestled in Singapore’s first and only UNESCO world heritage site, the Singapore Botanic Gardens
Optional for all Joint Conference registrants, faculty and sponsors. Please indicate on the registration form if you wish to attend – ticket price: $95 per person
Thursday, November 17
8:00 am – Continental Breakfast
9:00 – 9:15 am - Welcome Back
- Nicholas Lingard, Freshfields Bruckhaus Deringer, Conference Co-Chair
9:15 – 10:00 am - Keynote Interview
- Debbie Chastity, Managing Counsel Asia, Chevron Singapore Pte Ltd, Singapore
10:00 – 10:30 am Novel Theories of Liability and Emerging Risks for States for Environmental Damage and Transboundary Harm
It is without question that the increasing scale of human activity has caused profound changes to the environment. These changes do not go unfelt as populations suffer the consequences of environmental damage. It is therefore critical that the law address these threats – but can the law adequately and effectively respond?
The threats faced today are not merely transboundary but are of a global scale (contributed by all on the planet), and there is an increasing recognition that apart from states, corporations are equally powerful actors. Has the law kept pace in ascribing liability and responsibility?
In this session, we explore novel and emerging theories of liability for environmental damage and transboundary harm both from the perspective of international and domestic law.
- Nengye Liu, Associate Professor of Law, Singapore Management University, Singapore
10:30 – 10:50 am - Coffee Break
10:50 – 12:00 pm - Where to Now in Lng-Pricing Disputes in Asia?
For years, commentators have foreshadowed a wave of LNG-pricing arbitrations in Asia. That prediction was based on what some called a perfect storm: long-term contracts with LNG prices tied to oil; dramatic fluctuations in oil prices; increased interest in LNG as a “transition fuel” with a potentially central role in the energy transition; new mega LNG projects coming online in Australia and elsewhere; and end-user market liberalisation in some Asian economies, notably Japan. But the wave so far has been a trickle, with only a small number of fully-fledged LNG-pricing disputes in the region.
By some estimates, dozens of long-term LNG contracts with Asian sellers or buyers will come up for price review negotiations in the next year alone. This panel of some of the world’s leading experts, representing sellers, buyers, prominent testifying experts and arbitration counsel, will examine the current landscape and offer predictions for what lies ahead, including whether upcoming price review negotiations are more likely than ever to lead to arbitration.
Moderator: Anisha Sud, King & Spalding, Singapore
- Carlos Lapuerta, Brattle, London
- Anthony Way, Managing Partner, TWCOG LLP, London/Singapore
- Mark Mangan, Dechert, Singapore
- Angela Yuen, Deputy General Counsel, General Manager, Legal Operations Unit, JERA, Tokyo
12:10 – 2:00 - Luncheon
A Conversation with
Michael Hwang Chambers LLC
Tan Chuan Thye, SC
Rajah & Tann Singapore LLP
This interview is the latest in the Preserving Perspectives Project of the ITA Academic Council to record the evolution of modern international arbitration in the words of those who have led it.
2:00 – 3:15 pm - Top Trends in Renewables Energy Disputes
As with any fast-growing industry, there is great opportunity but at the same time significant legal and commercial risks. The recent move towards employing renewable sources of energy in energy generation has brought about its fair share of disputes – issues with the use of new technologies, disputes over licensing and permissions, delays in connecting to existing grids, supply disruptions and governmental failure, to name a few.
In this session, we explore the top emerging trends in renewable energy disputes with our esteemed panel of speakers hailing from varied backgrounds.
Moderator: Matt Secomb, White & Case, Singapore
- Alastair Henderson, Herbert Smith Freehills, Singapore
- Eileen Khor, Division Litigation Counsel, Generation Division, Siemens Energy, Erlangen, Germany
- Masako Takahata, General Counsel, IDI, Tokyo
3:15 - 3:30 pm - Queen Mary University of London/Pinsent Masons Survey on the Future of International Energy Arbitration – Preliminary Findings
- Sam Boyling, Pinsent Masons LLP, Singapore
3:30 – 3:50 pm - Coffee Break
3:50 – 4:30 pm - Energy Disputes Year in Review
The year-in-review presentation, a highlight of the conference, will look back over the past year and identify key cases, issues and trends in energy disputes—both commercial and investor-State—with a particular eye to issues and themes in the Asia Pacific region.
- Craig Miles, King & Spalding LLP, Houston
4:30 – 4:45 pm - Closing Remarks
- Gitanjali Bajaj, DLA Piper, Conference Co-Chair
1 Cuscaden Road
Singapore, 249715 Singapore
Front Desk 65-0-67253029
- Group code: E23
- Rate: $350+ SGD/night Standard King
- Nights available: November 15, 16 and 17, 2022 - Includes breakfast and internet access.
Cutoff: Oct 23, 2022
This program is approved by the State Bar of Texas for a total of 6.25 hours, no ethics. Course ID Number: 174173447. Credit hours for other states will vary and are subject to each state’s approval and credit rounding rules.
For this conference, ITA will directly apply (if requested) for course accreditation in the following states: California, New Mexico, Ohio, Oklahoma, Pennsylvania, Texas, West Virginia and Virginia. Some of these states may not approve a program for credit hours before the program occurs. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. Attorneys filing by self-submission in certain states may be required to pay an additional fee. ITA conferences are typically accredited by all mandatory CLE states.
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