Government intervention, including tariffs, capital controls, sanctions and armed conflict can significantly disrupt contractual relationships, creating uncertainty over performance, risk allocation and enforcement.

The panel are expected to discuss:

• Whether such events give rise to force majeure or hardship and how tribunals are approaching these issues
• Allocation of risk in contracts and whether existing clauses are fit for purpose
• Strategies for managing disputes where government action disrupts the commercial bargain
• The perspective of different stakeholders including regulators, in-house counsel and external advisers

While Hong Kong and Singapore are the two largest arbitration hubs in Asia, much of the region consists of civil law jurisdictions. With disputes increasingly involving participants from both civil law and common law backgrounds, how can counsel manage procedural differences? This panel will explore practical ways to bridge cultures, drawing on real‑life experiences and solutions in Asia.

The panel are expected to discuss:

• Key procedural flashpoints between civil law and common law approaches, including document production, witness examination and tribunal involvement
• How tribunals can adapt procedures to create an even playing field for parties from different legal cultures
• Privilege: a practical example of bridging legal traditions? How have common standards been established?
• Is procedural harmonisation desirable?

Bringing together speakers from diverse regions, this session will spotlight arbitration practice across emerging and frontier markets that are increasingly connected with Asia.

The panel are expected to discuss:

• Experiences of arbitrating in developing jurisdictions and the practical challenges that arise
• How arbitration markets grow from regional centres into global players
• What defines a “global” arbitral institution in practice
• Perceptions of leading Asia-based arbitral institutions and criticisms that they are not yet truly global

In this session our esteemed panellists will each recount a case from their past that posed a particularly difficult conundrum or set of questions, before pausing the narrative and asking the audience to join in. What would the audience members have done, in the speaker’s position? After asking the audience position, the story will move on. This session offers a unique opportunity to benchmark your own approach against thoughts leaders in the field of international arbitration.