THAC 2024: The Impact of the Local Court’s Facilitation on Seat Selection in Arbitration Proceedings

Moderator: Nicolas Tang, Founder, Farallon Law Corporation

Speakers: 1.) Christopher Chong, Head of Construction & Engineering and Director (Dispute Resolution), Drew & Napier
2.) Joseph Chung, Partner, Deacons
3.) Nico Mooduto, Partner, SSEK
4.) Noppramart Thammateeradaycho, Partner, Tilleke & Gibbins

Local courts have a significant impact on the choice of arbitral seat, as they provide essential judicial support and assistance throughout the arbitration process, ensure the enforcement of arbitral awards, and maintain a balance between necessary intervention and respecting party autonomy. Courts at the chosen seat may be called upon to appoint arbitrators, grant interim measures, and assist with evidence gathering, thereby directly influencing the efficiency and effectiveness of the arbitration.

Moreover, the extent of judicial noninterference, particularly in limiting the grounds for annulment and upholding the finality of arbitral awards, plays a vital role in fostering a pro-arbitration environment. The competence and independence of the judiciary, alongside a modern legal framework supportive of arbitration, further enhance the attractiveness of a jurisdiction as an arbitral seat, ensuring that parties can rely on a fair, impartial, and knowledgeable judicial system to support the arbitration process and enforce its outcomes.

This seminar will discuss the roles of Asian courts in Hong Kong, Indonesia, Singapore and Thailand in facilitating the arbitration proceedings and will provide updates on current court orders or judgments relevant to arbitration in these countries.