John Denton

Mr. John W.H. Denton AO is the Secretary General of the International Chamber of Commerce (ICC). He is a global business leader and international advisor on policy and a legal expert on international trade and investment.
He is also a Board member of the United Nations Global Compact and Co-Chair of the Financing Growth and Infrastructure Task Force for Argentina B20 2019, as well as a founding member of the Business 20 (B20), the Australia–China CEO Roundtable and UNHCR in Australia.

Overview of International Arbitration Reform in the South Pacific

Ms. Christina Pak, principal counsel and team leader of the Law and Policy Reform (LPR) Program of ADB, informed the participants about this arbitration reform technical assistance project’s accomplishments to date. First, the program has assisted several South Pacific countries in adopting state-of-the-art international arbitration laws. These countries include Fiji, which enacted its International Arbitration Act in 2017, and Tonga, which passed its International Arbitration Act in 2020. Palau’s draft International Arbitration Bill is pending before Congress.

Athita Komindr

Ms. Athita Komindr is head of the UNCITRAL Regional Centre for Asia and the Pacific. She manages UNCITRAL’s technical assistance and capacity building programming available to over 50 states in Asia and the Pacific, namely least developed, landlocked developing and small island developing states. In that capacity, she coordinates with governments and international and regional organizations with respect to trade law reform activities.

Third South Pacific International Arbitration Conference: De-Risking Investment in the South Pacific Through a World Class International Arbitration Disputes Regime

To raise awareness and discuss the positive development impact of international arbitration reform in the South Pacific, ADB, in conjunction with UNCITRAL, the Australian Department of Foreign Affairs and Trade, the Australian Centre for International Commercial Arbitration, and other renowned arbitration institutions and development partners, hosted the Third South Pacific International Arbitration Conference (the “Conference”).

Contracting with Foreign Parties & Cross-Border Dispute Resolution

Prof. Khory McCormick, vice president at ACICA, moderated the session.

Mr. Rio Fiocco, president of the Port Moresby Chamber of Commerce & Industry, stressed the urgency of having an effective way of resolving disputes that may arise between the contracting parties, as an increasing number of PNG businesses take part in cross border trade. He pointed at the New York Convention as the obvious solution and suggested that if the PNG government adopts the convention, then such disputes could be resolved by arbitration, and arbitral awards could be enforced by domestic courts.

Consent to Arbitration in Inter-State and "Mixed" Disputes

Ms. Smith advised the audience on how to promote efficiency and legitimacy in arbitration proceedings, with emphasis on disputes involving states, state entities, intergovernmental organizations, or the public interest. She highlighted emerging practices in the fields of transparency, corporate social responsibility, and new forms of dispute resolution, based on the recent experience of PCA. Lastly, she pointed out the impact of party choices on the constitution of the arbitral tribunal, the choice of seat, the efficiency of the proceedings, and the enforceability of the award.

International Arbitration in Project Finance Transactions

Mr. Prakash Pillai, partner at Clyde & Co Clasis Singapore Pte. Ltd., began by introducing the audience to the concept, parties involved, and typical structure of project finance transactions. He then identified the benefits of arbitration as a dispute resolution method in project finance transactions given the complex nature of such transactions, namely, the presence of multiple contracts, governing laws, jurisdiction, and parties.

Jelita Pandjaitan

Ms. Jelita Pandjaitan is a partner at Linklaters Singapore Pte. Ltd. She leads the Southeast Asia disputes practice, with a focus on complex, high value cross-border disputes and investigations for major international banks and corporations. She advises clients in arbitrations, litigation and mediations in Hong Kong, Singapore and throughout Asia and conducts proceedings in the English courts in association with the firm’s London office.