Sessions

2019 July 12 Friday

Cross-boundary Connectivity and the Challenges of Dispute Resolution (Open Event)

Conferences 2, ECCL

Objectives

  • To underscore AIIB’s credentials as a multilateral, rule of law based institution.
  • To highlight the legal framework for Bank financing projects.
  • To identify dispute resolution needs of largescale, cross-boundary infrastructure projects.

Background

Publicizing AIIB’s legal and policy fundamentals to the broader project finance community is key to driving a high quality private-sector project pipeline.

 

Building on the ongoing AIIB Legal Seminar series, informing corporate finance and dispute resolution lawyers about AIIB’s legal profile is critical to broader understanding of AIIB.

 

Rule of law has historically been very central to Europe's affairs, and this continues being the case today with the headquarters of many multilateral courts and tribunals based on the continent. Therefore, as AIIB further explores these issues, Luxembourg is the place to connect with this theme and expertise.

 

Discussion Topics

  • What are the key features of successfully resolving disputes generally, and specifically involving cross-boundary infrastructure projects?
  • What are the various forums for resolving such disputes?
  • What are the types of disputes that can arise in cross-boundary infrastructure projects and how are they best mitigated?
  • What is the role of, and differing strengths of arbitration, national courts and multilateral tribunals in resolving project-related disputes?

Session format

  • Keynote speech, with high-level discussants, plus audience Q&A.

 

Speakers

Justin D'Agostino

Executive Partner, Global Dispute Resolution Practice, the Asia region and the US, Herbert Smith Freehills LLP

 

Justin D’Agostino is the executive partner at Herbert Smith Freehills with responsibility for the firm's Global Dispute Resolution practice, the Asia region and the US. Justin has a market-leading reputation in international arbitration and is a thought leader in alternative dispute resolution. He has appeared before tribunals all over the world and regularly sits as an arbitrator.  Justin chairs the ICC's Belt & Road Commission and is an alternate member of the ICC Court.  He is a Visiting Professor at Tsinghua University and a member of the Hong Kong Department of Justice Advisory Committee on Promotion of Arbitration.


Tim Eicke

Judge, European Court of Human Rights

 

Judge Tim Eicke is the current judge elected in respect of the UK of the European Court of Human Rights (ECtHR). A dual British/German national he studied law at the University of Passau, Germany and the University of Dundee, United Kingdom, where he graduated with an LL.B. (Hons) in English law.  He became a Barrister in London in 1993, a Q.C. in 2011, a Bencher of Lincoln’s Inn in 2014 and joined the ECHR on 12 September 2016. He formerly served as Junior Counsel to the Crown as well as on the panel of counsel for the Equalities and Human Rights Commission, in addition to editing the European Human Rights Reports. Before taking up his current position he practiced at Essex Court Chambers (both in London and through its office in Singapore), gaining expertise in the fields of public and constitutional law, human rights law, EU law and public international law and regularly appearing in the European Court of Justice, ECtHR as well as domestic courts including the UK Supreme Court.  He currently is a Member of the American Society of International Law and of the Public International Law Advisory Panel of the British Institute of International and Comparative Law. He holds an honorary degree of Doctor of Laws (LLD) from the University of Dundee (2017).


Indranee Thurai Rajah

Second Minister for Finance, Ministry of Finance, Singapore

 

Indranee Rajah is the Minister in the Prime Minister’s Office. She is also Second Minister for Finance and Education. Ms Rajah has been the Member of Parliament for the Tanjong Pagar Group Representation Constituency (GRC) since 2001. She was in practice as a lawyer and Senior Counsel before joining Government. Under her law portfolio from 2012 - 2018, she co-chaired the Committees on Family Justice, the formation of the Singapore International Commercial Court as well as the Committee to Strengthen Singapore as an International Centre for Debt Restructuring. She also helmed the Steering Committee on the strategic direction of Singapore's third law school at UniSIM. Under her MOF portfolio, Ms Rajah co-chaired the Working Group on Legal and Accounting Services, a sub-committee of the 2016 Committee on the Future Economy, the recommendations of which are aimed at transforming the legal and accounting industries in Singapore and catalysing the internationalisation of such professional services. In her first tour of the Education Ministry from 2012 - 2015, she led the Committee for Applied Studies in Polytechnics and ITE (ASPIRE) resulting in SkillsFuture, a national movement to align education with economic demand, career guidance and lifelong learning. As Second Minister for Education, Ms Rajah currently chairs UPLIFT - the "Uplifting Pupils in Life and Inspiring Families Taskforce", an inter-agency team convened in 2018 aimed at strengthening support for students from disadvantaged families.


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Moderator

Gerard Sanders

General Counsel, AIIB

 

Mr. Gerard Sanders advises the President and governance bodies of AIIB and is responsible for the legal aspects of the Bank's work. Prior to joining AIIB, he was General Counsel of the International Fund for Agricultural Development, previously having worked at the European Bank for Reconstruction and Development, most recently as Deputy General Counsel. Beforehand, he worked with law firms in Wellington, Washington, D.C., and Amsterdam and in a corporate role in London. Mr. Sanders has graduate law degrees from Victoria University of Wellington and Harvard Law School. He is a Chartered Accountant (ANZ), a Fellow of the Chartered Institute of Arbitrators, Visiting Professorial Fellow at Queen Mary College, University of London and Visiting Scholar of China University of Political Science and Law. Mr. Sanders is qualified to practice law in New Zealand, the state of Victoria in Australia and England and Wales. He is a national of New Zealand.