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 11^th ITA-IEL-ICC Joint Conference on International Energy Arbitration - Houston.

Overview

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.

Conference Co-Chairs

Gitanjali Bajaj
DLA Piper
Sydney, AUSTRALIA

Nicholas Lingard
Freshfields Bruckhaus Deringer
SINGAPORE

Paul Sandosham
Clifford Chance
SINGAPORE

Highlights

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

Conference Co-Chairs

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.

Moderator:

• Sarah Grimmer, Twenty Essex, Singapore

Panelists:

• 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

Audience Q&A

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.

Debaters:

• Min Cao, Strategy Consultant and Energy Transition Investor, Singapore
• Christopher Goncalves, Managing Director and Chair, Energy & Climate Practice, BRG, Washington, DC

Audience Q&A

5:30 – 6:45 pm - Welcome Reception at the Regent Singapore Hotel

7:30 – 9:30 pm - Joint Conference Dinner

The Villa
Ginger Garden
Botanic Gardens

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

Audience Q&A

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

Panelists:

• 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

Audience Q&A

12:10 – 2:00 - Luncheon

A Conversation with

Michael Hwang
Michael Hwang Chambers LLC
Singapore

Interviewed by
Tan Chuan Thye, SC
Rajah & Tann Singapore LLP
Singapore

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

Panelists:

• Alastair Henderson, Herbert Smith Freehills, Singapore
• Eileen Khor, Division Litigation Counsel, Generation Division, Siemens Energy, Erlangen, Germany
• Masako Takahata, General Counsel, IDI, Tokyo

Audience Q&A

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

Hotel Information

Regent Singapore
1 Cuscaden Road
Singapore, 249715 Singapore

Reservations: 1.877.666.3243
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

Book Your Hotel

CLE Credit

Sponsorship Opportunities

Download Sponsorship Opportunities

For more information, please contact:

• Irene Mira
  Deputy Director, ICC Arbitration & ADR, South Asia, ICC Dispute Resolution Services
  E: irene.mira@iccwbo.org
  T: +65 6983 5568 | M: +65 97878549
• Lilly Hogarth
  Sponsorship Director, The Center for American and International Law
  E: lhogarth@cailaw.org
  T: +1 972 244 3424

Other Information

ICC Privacy Policy

Your information will also be collected by the International Chamber of Commerce (ICC) for the purpose of registering you for the event. You may receive postal and electronic communications from ICC related to ICC Arbitration and ADR activities in accordance with ICC's Privacy Policy. At any point, you can opt-out or unsubscribe by contacting Kristina.Chang@iccwbo.org (for North America contact list) or ICC_Connect@iccwbo.org (for global contact list).

Nondiscriminatory Policy

The Center for American and International Law does not discriminate on the basis of race, color, sex, religion, national origin, age, disability, veteran status, sexual orientation, gender identity, or any other protected status in educational activities, scholarship programs or admissions.

Privacy Policy

We do not sell or rent information to any outside parties. By providing your information, you will receive postal and electronic communications from the Institute for Transnational Arbitration (ITA) of The Center for American and International Law (CAIL) in accordance with CAIL's Privacy Policy. If we co-sponsor a program with another organization, information may be shared between the parties. All such co-sponsors will be identified on the event details and registration page. At any point, you can opt-out or unsubscribe by selecting either link at the bottom of each email or call us at 972.244.3400.