NEWSLETTER #03 DECEMBER 2019 A SPORTING SUCCESS Persevering Through 2019 Special Contribution A Jewel of International Law: In Conversation 5 with Monica Feria-Tinta Special Contribution The World of Expedited Procedures and 13 Emergency Arbitrators: In Conversation with Mohanadass Kanagasabai Special Contribution An Insight into the FinTech Industry: In 21 Conversation with Mohammad Ridzuan Abdul Aziz & Chiara Accornero www.aiac.world #aiacworld TABLE OF CONTENTS Director’s Message 4 Key Insight 25 Special Contribution 5 AIAC Evening Talk Series: Energy Contracts and A Jewel of International Law: In Conversation with Arbitration Monica Feria-Tinta Event Highlight 26 Event Highlight 9 Inaugural AIAC-Bar Council – CIArb Joint Conference AIAC September Sports Month 2019 2019 Special Contribution 13 Think Tank 27 The World of Expedited Procedures and Emergency Comparative Analysis of the Dispute Resolution Arbitrators: In Conversation with Mohanadass Mechanisms in the “FIDIC Red Book 2017” and the Kanagasabai “AIAC Standard Form Building Contract 2019” by 36 Event Highlight 16 John Coghlan AIAC’s India ADR Training Initiative in New Delhi, India Event Highlight Key Insight 17 ADNDRC Conference 2019 – “Manage Domain 31 Interview with the Champion of the 3rd AIAC-ICC Names and Trademarks in the E-Business World” Pre-Moot – National Law University (Bhopal) Event Highlight 32 Key Insight 19 Kuala Lumpur Summit on Commercial Dispute Interview with the Winner of the Malaysian Final of the Resolution in China 3rd AIAC-ICC Pre-Moot – International Islamic Event Highlight 33 University Malaysia (Team 1) AIAC Evening Talk Series: Alternative Dispute Special Contribution 21 Resolution and FinTech An Insight into the FinTech Industry: In Conversation Key Insight 34 with Mohammad Ridzuan Abdul Aziz & Chiara The AIAC’s Capacity Building and Outreach Initiatives Accornero Announcement 36 Case Summaries 37 Events Calendar - Save the Date! 41 Published by: *This edition of the AIAC Newsletter has been edited and designed by the AIAC Newsletter Team. Edited by: Ms. Nivvy Venkatraman & Ms. Chelsea Pollard. Designed Bangunan Sulaiman, Jalan Sultan Hishamuddin, by: Mr. Leonard Loh Chin Sheon, Mr. Mohammed Fakrullah Bin Bahadun, Mr. Mohammad Syahir Alias and Ms. Nurul Ain Sumarji. Distributed by: Asian International 50000 Kuala Lumpur, Malaysia Arbitration Centre. T +603 2271 1000 **The AIAC invites readers to contribute articles and materials of interest for F +603 2271 1010 publication in future issues. Readers interested in contributing to future editions of the E [email protected] Newsletter, or who have any queries in relation to the Newsletter, should contact Ms. W www.aiac.world Nivvy Venkatraman (Senior International Case Counsel) at [email protected] or Ms. Chelsea Pollard (International Case Counsel) at [email protected]. DISCLAIMER This edition of the Newsletter has been circulated electronically only. Readers who intend to receive future editions in hard copy should notify the AIAC of same in writing. The articles and materials that are published in this Newsletter contain the views of the writers concerned and do not necessarily reflect the views of the AIAC. Information in the Newsletter has been compiled or arrived at from sources believed to be reliable and in good faith, but no representation, express or implied, is made as to their accuracy, completeness or correctness. Accordingly, the AIAC accepts no liability whatsoever for any direct, indirect, or consequential loss or damage arising from the use of information in this Newsletter, reliance on any information contained herein, any error, omission or inaccuracy in any such information or any action resulting therefrom. This newsletter is also available on our website. Keeping with the AIAC’s spirit of raising awareness of the Centre and its suite of arbitration rules, I am also proud of our DIRECTOR’S MESSAGE Case Counsels who authored the moot problem for the 14th LawAsia International Moot 2019. The International Rounds of the 14th LawAsia Moot took place in early November 2019 in Hong Kong and saw students tackling a creative problem with regard to International Dispute Resolution, Commercial Law and Contract Law, whilst being challenged by cutting-edge industry developments, such as expedited procedures, emergency arbitrator awards and arbitration of art disputes. In other news, 16th October 2019 was a momentous date for the construction industry in Malaysia. The Federal Court of Malaysia delivered its landmark decisions in the cases of Jack–In Pile (M) Sdn. Bhd. vs Bauer (Malaysia) Sdn. Bhd. and Ireka Engineering & Construction Sdn. Bhd. vs PWC Corporation Sdn. Bhd., where it was held that the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) will only have prospective application. With an eye on the dawning of a new year, the Asian Following these judicial developments, the AIAC as the International Arbitration Centre (“AIAC”) takes time to reflect adjudication authority, is cognisant that any dispute arising on the achievements of the year gone by and to recount the from a construction contract entered into before the gains of 2019. Notably, the AIAC goes from strength to enforcement of CIPAA 2012 that is, 15th April 2014, will be strength in its unyielding efforts and indomitable spirit to precluded from resolution under the said mechanism of mark its presence in the fields of alternative dispute statutory adjudication. resolution and holistic dispute management. Showcasing our visionary spirit, the AIAC has also hosted a Picking up the baton in September 2019, the AIAC hosted range of informative talks and trainings sessions in the the second edition of September Sports Month which second half of 2019 as part of the AIAC Evening Talk Series. culminated in the Sports Law Conference 2019. The running The topics addressed include present-day issues, such as theme of the conference, which saw over 26 speakers and incorporating effective arbitration clauses into energy law 200 participants, was the exploration of novel concepts, contracts, the barriers faced by parties involved in the belt notable advancements and contemporary issues in and road initiative, and resolving FinTech disputes without international sports law. Discussions were particularly resorting to litigation. The success of these events is certainly pivoted on the rise of the sporting spirit particularly in Asian participant driven and the AIAC welcomes all of you to join us countries, and the consequent need for more governance at our future events! and a regulatory framework. Speakers at the conference were also given the platform to discuss the relatively new but Further information on the various AIAC events are set out in fast-growing eSports industry and the inherent challenges the following pages of this Newsletter for our readers. I encountered therein. Other AIAC initiatives in line with would also like to take this opportunity thank our Special September Sports Month 2019 included a Workshop on the Contributors, namely Monica Feria-Tinta, Mohanadass Constitution of Sporting Bodies to provide an overview and Kanagasabai, Mohammad Ridzuan Abdul Aziz, Chiara introduction to the fundamentals, features and significance Accornero, and John Coghlan, for taking the time to share of sports constitutions, and the AIAC Certification their invaluable industry insights in this edition of the Programme in Sports Arbitration, aimed at providing a Newsletter. holistic understanding of sports law and the practicalities in the resolution of sporting disputes. In addition to the Sports “Globalization is a great thing, but it needs a legal Month in September the AIAC visited New Delhi to establish framework in which to blossom” - Loretta Napoleoni. a relationship with representatives of the local arbitration community and introduced them to the AIAC’s products and Aimed to inspire and encourage young minds to be involved services. The AIAC plans on continuing this initiative in India in the ever-expanding field of alternative dispute resolution, next year. the AIAC Young Practitioners Group Roadshow will be coming to various colleges across Malaysia from November In October 2019, the AIAC together with the Beijing 2019 and stretching into early 2020. We sincerely encourage Arbitration Commission / Beijing International Arbitration all interested participants to look out for more information Center co-hosted the Kuala Lumpur Summit on Commercial and look forward to meeting you. Dispute Resolution in China. The AIAC is proud to have had this opportunity to promote its international appeal and My colleagues and I at the AIAC end our reflection on 2019 world class facilities to the summit attendees. Amongst the with gratitude for the support shown to all our initiatives topics explored during the full day event were the new trends throughout the year. Amongst our achievements and and challenges across a range of fields in commercial accomplishments of the year, we count the people with dispute resolution in China, including commercial arbitration whom we have built lasting connections with to be the most and mediation, construction, energy, investment, finance, important. So, here is to a new year and a new chance to intellectual property and entertainment industries. A warm make it brighter, bolder, and better! thank you goes out to our co-hosts and special keynote speaker, Tan Sri James Foong Cheng Yuen, former Federal Court Judge of Malaysia. In November, the AIAC hosted the first ever China ASEAN Forum