27 September 2022 – 09:00 (BST) / 15:00 (Vietnam ) / 16:00 (Singapore)
Twenty Essex and Frasers Law Company will be hosting a webinar that will focus on alternative dispute resolution, particularly on the key differences between arbitration and litigation.
As modes of dispute resolution, arbitration and litigation are often contrasted. However, the two are not necessarily opposites or at odds against each other and one may be more appropriate over the other depending on the nature of the dispute and the relationship of the parties.
Whether arbitration or litigation may be suitable depends on a number of factors including (a) the value of the contract; (b) technical expertise required to resolve the dispute, e.g., in construction contracts; (c) appetite for confidentiality; and (d) the relative positions of the parties. This is not, of course, to mean that arbitration is generally more apt for complex disputes. Arbitration might not be proper when one of the parties would be disadvantaged if compelled to arbitrate in a foreign seat. Further, there are matters which are incapable of arbitration, such as criminal and family law matters. The presence of such determining factors makes difficult a zero-sum determination on whether arbitration or litigation is mostly preferable.
Prominent arbitration practitioners, David Lewis KC of Twenty Essex and Dr. Hop Dang of Hop Dang’s Chambers, will discuss whether arbitration and litigation are meant to be mutually exclusive dispute resolution mechanisms or whether they are meant to complement each other in the various stages of the dispute resolution process. They will also provide an overview of whether arbitration is preferred over litigation (or vice versa) in cross-border disputes based on their expertise and vast experience in international dispute resolution. The presentation will be moderated by Earl Rivera-Dolera, Head of International Arbitration of Frasers Law Company.