Introduction - ICC and its presence in the Asia Pacific region
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by Ms. Ow Kim Kit - Director ICC Arbitration and ADR, Asia (ICC Regional Office, Asia)
- Brief introduction of the ICC, ICC Dispute Resolution Services and its commitment in the APAC region;
- 2009 statistics for ICC arbitration in the world
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“International Business in Corporate Singapore”
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by Mr Teng Theng Dar - Chief Executive Officer, Singapore Business Federation
- Internationalisation of businesses in corporate Singapore;
- Role of ICC-Singapore in promoting ICC activities;
- How ICC arbitration can benefit businesses in Singapore
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Arbitration and MNC Disputes
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- Common disputes faced by MNCs: cross border transactions, joint ventures, mergers and acquisitions etc…
- Benefits and efficacy of arbitration in MNC disputes: need for a more neutral forum, flexibility, privacy, need for special expertise, reducing judicial risk in complex international transactions (emerging versus non-emerging markets), enforceability etc...
- Use of multi-tiered clauses (mediation or some conciliatory process before proceeding to arbitration, combination of “med-arb”): long standing business relationships, conciliation before arbitration and renegotiation strategies.
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Practical considerations in arbitrating MNC Disputes
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- Pre-contractual negotiations: Does the MNC always have more bargaining power, institutional arbitration to minimise procedural risks, do not mix arbitral institutions and arbitral rules;
- Drafting an ICC arbitration clause in a contract: what to include in an arbitration clause, essential and accessory clauses, drafting techniques, contracting with who?
- Protecting business interests in MNC disputes
- Enforcement of arbitral awards: jurisdiction specific considerations, who are you doing business with, where are their assets, other considerations?
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Ideas for next gathering, Upcoming ICC Events, AOB
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