Martin Polaine delivered two half day Arbitration Masterclass, ‘Making Arbitration Work for You’ with our long standing partners, Chooi & Co and Azmi & Associates . The workshop was aimed at long standing clients, General Counsel and industry representatives in Kuala Lumpur.
The Masterclass focussed on practical issues and considerations for clients when entering into agreements. It included presentations and discussions on:
Using the Arbitration Agreement to your advantage:
- A practical approach to constructing the arbitration clause;
- Choice of seat/procedural law;
- Governing law of the arbitration agreement;
- Jurisdiction;
- The Arbitration Notice.
Appointing the arbitrators:
- Making the right selection;
- Interviewing a potential arbitrator;
- The arbitrator’s contract and fees;
- Making best use of arbitral institutions.
Getting your hearing preparation right:
- Maximising the value to you of the preliminary meeting;
- Making case management and evidential/procedural choices;
- Document selection and management to best advantage.
The Hearing:
- Witnesses of fact an expert evidence to best effect;
- Safeguarding confidentiality;
- What is the tribunal looking for in a case?
Orders and Awards:
- Use of interim measures/precautionary orders;
- Recourse to the court;
- Partial & final awards;
- Keeping the process on track
Following the award:
- Current recognition & enforcement issues;
- Challenge & set aside;
- Interest & Costs (maximising recovery and avoiding undue detriment).
