EXPERT WITNESSES IN ARBITRATION : SHIPS PASSING IN THE NIGHT OR FOUNDERING ON THE ROCKS
12th November | 6:00 pm - 7:30 pm
Seminar Room 1, AIAC Bangunan Sulaiman
Too often expert witnesses in arbitral proceedings present long and very expensive reports and testimony that are ultimately of little value to the resolution of the dispute – often because they don't engage with the reports and testimony of other experts – sometimes different assumptions of fact are made, different issues or questions are addressed, or the process of expert reasoning is not exposed or elucidated coherently.
In this talk the former Chief Justice of Western Australia will evaluate the various techniques that have been utilised to manage expert evidence in arbitral proceedings to avoid these pitfalls including:
Oversight of the process by the Tribunal
Conferral (before or after exchange of reports?)
Single joint experts
Concurrent expert evidence (hot tubbing)
The talk will also address issues relating to the independence/impartiality of the expert witness, and the differentiation between evidence of fact and evidence of expert opinion.
Today carriage by sea has firmly established itself as the main mode of transport in international trade. The growing volume of goods being transported by sea has inevitably led to the increase in commercial disputes, with maritime arbitration having emerged as the preferred dispute settlement mechanism. Currently, maritime arbitration strives to achieve a judicious balance between ensuring strict compliance with applicable mandatory laws and rules and preserving autonomy among the contracting parties.
Malaysia and China have strong maritime traditions, and consequentially, both continue to play a strategic role in the development of international carriage of goods by sea and maritime arbitration. The AIAC in cooperation with the China Maritime Arbitration Commission (CMAC), is pleased to present this joint seminar highlighting the unique features of maritime dispute resolution mechanisms from Malaysia and China's perspectives.
Moderator:Ms. Trishelea Ann Sandosam, Senior Associate, Skrine
Ms. Zhang Zhiping, Partner& Director, Beijing Filong Law Firm
Dr. Chen Bo, Deputy General Secretary of CMAC
Dato' Quek Ngee Meng, Director, Malaysia-China Business Council
Ms. Sitpah Selvaratnam, Consultant, Tommy Thomas & President, International Malaysian Society of Maritime Law (IMSML)
This event is co-hosted by the AIAC Young Practitioners Group (AIAC YPG).
The internet has brought about a revolutionary development in the traditional economic model. It has enabled and empowered businesses to expand their markets and render services to large groups of e-consumers like never before. Registration of domain names worldwide, as a result, is on the rise. As of 2017, there are approximately 332.4 million domain name registrations in the world. This has given rise to a plethora of domain name attacks and trademark infringement requiring urgent attention.
So, what do you do when you find out a website that is confusingly similar to yours, or worst still, your website that is not actually yours?
Are you prepared to protect your trademark rights?
Are you prepared to secure and develop your business on the internet?
As part of our efforts in promoting the healthy development of the domain name industry, the Asian International Arbitration Centre (AIAC) invites you to its "Securing your online presence: AIAC Training Programme on Domain Name Disputes." The training focuses on providing a detailed overview on the protection of domain name and trademark covering the most relevant substantive and procedural issues.
Who should attend?
Representatives from in-house Legal Departments, IT Departments, trademark practitioners and trademark bodies are welcome to attend the event.