Transnational Arbitration

#YoungITATalks Singapore

Navigating Cultural Dynamics in International Dispute Resolution: Perspectives from the Asia Pacific Region

Singapore

Past Event

8:30am SGT – 10:30am SGT

In-Person Event

White & Case Pte. Ltd.
88 Market Street #41-01
CapitaSpring
048948
Singapore

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Registrar: +1.972.244.3403
ITA: +1.972.244.3414
Fax: +1.972.244.3401
E-Mail: ita@cailaw.org

Overview

Presented by Young ITA

Dispute resolution, at its core, is a “people” business. The choice of how one resolves disputes depends, to a large extent, on the cultural background, values and beliefs held by the relevant stakeholders.

In the Asia-Pacific region, non-adversarial dispute resolution processes have been historically favoured over adversarial processes. To illustrate, in the context of investor state disputes, despite Asia-Pacific-based investors accounting for close to 40% of global outward FDI, investment treaty cases commenced by investors from the region account for just over 6% of the total number of known arbitrations worldwide. Why might this be the case?

The panel will discuss the historical and present day use of different dispute resolution methods (in particular, arbitration and mediation) in the Asia-Pacific region. In doing so, the discussion will address how legal and personal culture may influence perceptions of dispute resolution, the ways in which a dispute may be resolved and the outcomes that result from such processes.

Bringing perspectives from the viewpoints of law firm counsel, arbitral institution, arbitrator/mediator and academia, together with cross-border experiences from Asia, Europe and the US, the panel will also outline recommendations on how to effectively navigate cultural dynamics to achieve successful resolution of international commercial and investor-state disputes.

#YoungITATalks is a series of local events presented around the world, featuring talks, workshops or interviews that cover a wide range of subjects relating to arbitration. The #YoungITATalks series is designed for education, conversation and sharing knowledge and experiences among young practitioners.

Thanks to the generosity of our sponsor White & Case, this event is tuition-free and includes breakfast. Please register in advance to help us have an accurate headcount. This is only an in-person event.

Schedule and Speakers

8:30am SGT - Welcome and introduction

  • Aditya Singh, Partner, White & Case LLP, former Young ITA Asia Chair

8:40am SGT - Panel discussion

ModeratorMevelyn Ong, Special Counsel, Norton Rose Fulbright LLP, Young ITA Thought Leadership Co-Chair

Panelists:

  • Yating Lin, Young ITA Writing Competition 3rd place winner, PhD Candidate, University of Hong Kong
  • Philip Tan, Senior Associate, White & Case LLP, former Young ITA Asia Co-Chair and Internal Communications Co-Chair
  • Earl Rivera-Dolera, Independent International Arbitrator and Legal Counsel
  • Túlio Di Giacomo Toledo, Senior Counsel, Permanent Court of Arbitration

9:40am SGT - Closing remarks and networking


10:30am SGT - Adjourn


About the Speakers

Picture of Mevelyn Ong

Mevelyn Ong
Moderator
Special Counsel, Norton Rose Fulbright, Australia
Young ITA Thought Leadership Co-Chair

Mevelyn Ong is a Special Counsel at Norton Rose Fulbright. Mevelyn has represented clients around the world from diverse industry sectors in the management of international arbitrations conducted on an ad hoc basis or administered under the major arbitral rules (including the ICC, LCIA, ICSID, UNCITRAL, PCA and AAA Rules), as well as in international mediation proceedings. Mevelyn has additionally represented multinational companies and financial institutions in multi-jurisdictional sanctions and anti-corruption investigations brought by U.S., U.K. and other governmental authorities.

Prior to relocating back to Australia, Mevelyn lived in the U.S., U.K. and East Asia. She was a senior associate at a leading law firm in New York, and a former Deputy Counsel to the Secretariat of the ICC International Court of Arbitration.

Mevelyn holds an LLM from Columbia Law School, a Certificate in International Arbitration Law and Practice from Queen Mary, University of London, and a LLB/BA (First Class Honours) from the University of Melbourne.

Picture of Philip Tan

Philip Tan
Panelist
Associate, White & Case, Singapore
Former Young ITA Asia Co-Chair and Internal Communications Co-Chair

Philip Tan is an associate in White & Case’s International Arbitration practice. Based in Singapore, Philip has worked in the New York and Washington, DC, offices of White & Case. Philip acts as counsel in commercial and investment treaty arbitrations, with an emphasis on energy and construction disputes. He has represented clients in international arbitrations under various rules, including ICC, SIAC, LCIA, UNCITRAL, and ICSID.

He also has experience in U.S. litigation and bankruptcy matters, and in conducting complex internal investigations.

In addition, Philip teaches a course on international energy disputes as Adjunct Teaching Mentor at SMU School of Law. He is recognized in Asia-Pacific Legal 500 2024 as "exceptional", a "first-class lawyer in his generation", and "a rising star with capability to understand complex legal and technical issues".

He received his J.D. from Columbia Law School and his L.L.B. from the London School of Economics. Philip is fluent in Chinese, and is qualified in New York, District of Columbia, Singapore, and England & Wales.

Picture of Yating Lin

Yating Lin
Panelist
PhD candidate, University of Hong Kong
Young ITA Writing Competition 2024 - 3rd Place Winner

Yating Lin is a PhD candidate at University of Hong Kong. Her field of study focuses on international arbitration and international economic law. She holds an LLB degree from Shenzhen University, and an Advanced LLM in European and International Business Law from Leiden University. She is also a graduate of the 2021 summer International Arbitration Training Course (organized by Leiden University and the Permanent Court of Arbitration), and the 2024 Basel Arbitration Winter school. Her papers have been accepted and published by the Journal of International Dispute Settlement, Boston University International Law Journal, Shanghai Jiao Tong University Law Review, and Kluwer Arbitration Blog.

Her paper entitled “China Disequilibrium’ in ISDS: An Interplay of China’s Trade-offs and Domestic Institutions to Investment Treaty Policy” was awarded 3rd place in the Young ITA Writing Competition 2024.

Picture of Dr. Túlio Di Giacomo Toledo

Dr. Túlio Di Giacomo Toledo
Panelist
Senior Legal Counsel and Representative of the Permanent Court of Arbitration, Singapore

Dr. Túlio Di Giacomo Toledo is Senior Legal Counsel and the current Representative of the Permanent Court of Arbitration (PCA) in the Republic of Singapore, heading the PCA's office in the country since 2020.

He acts as registrar and tribunal secretary in international arbitrations involving various combinations of states, state entities, international organizations and private parties, including proceedings under investment treaties. He also assists the PCA Secretary-General with appointing authority matters, including challenges, under the UNCITRAL Arbitration Rules, domestic laws, and other procedural rules. In addition, he is regularly called upon to assist in the diplomatic work of the PCA with its Contracting Parties and other intergovernmental organizations.

Prior to joining the PCA in 2015, he clerked at the International Court of Justice and worked as a practicing lawyer at a law firm in Brazil. 

Picture of Earl Rivera-Dolera

Earl Rivera-Dolera
Panelist
Independent International
Arbitrator and Legal Counsel

Earl Rivera – Dolera has extensive experience in more than 180 domestic, international arbitration, mediation and litigation matters in various capacities. Currently dividing her time between Asia and the U.S., Earl has previously been based in Singapore, the Philippines, and Vietnam. She represents clients as counsel and advocate in international arbitration and mediation, and cross-border litigation. Her experience spans a wide spectrum of sectors. She has also been appointed as chair of the tribunal, sole arbitrator, co-arbitrator in arbitrations seated in India, Singapore, Philippines, Vietnam, Korea, Japan, and Hong Kong, in administered (ICC, SIAC, JCAA, KCAB, VIAC) and ad hoc arbitrations.

Earl has extensively published in the area of international arbitration most notable of which is her being co-author of the book, Halsbury’s Laws of Singapore: Arbitration (2017 and 2020 series) with internationally renowned Singaporean arbitrator, Professor Lawrence Boo (the first CEO and Registrar of the Singapore International Arbitration Centre in the 1990s), and the seminal, comprehensive guide on commercial arbitration in Vietnam. She is an adjunct lecturer on international arbitration at Stanford Law School, Ateneo de Manila University, and Universita Cattolica del Sacro Cuore (Milan).

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