Functus Officio in Arbitration

What does the seminar cover?

This session forms part of the Australian Arbitration Week 2021 program hosted by ACICA. It will explore the situations where an arbitrator might be said to have performed its office so as to be (wholly or as to particular aspects of the referred dispute) functus officio. Whether an arbitrator is functus officio is important for determining the question of the continuing arbitrator’s jurisdiction, which is fundamental to the validity and enforceability of a subsequent arbitral award.

The speakers will traverse a range of issues on this topic including:

• When an arbitrator is functus officio
• The weight that courts give to an arbitral tribunal’s reasons for determining its jurisdiction
• Whether courts can remit a matter to an arbitral tribunal after an award has been set aside

Who should listen?

The principles discussed will be relevant to all commercial litigators, as well as arbitration and alternative dispute resolution pracitioners.

PRESENTERS

Shane Doyle QC (Barrister, Level Twenty Seven Chambers)

Widely regarded as one of Australia’s leading Silks with a “world class” practice (Chambers & Partners 2017) in international and commercial law, Shane practices from Level Twenty Seven Chambers (Brisbane), 5 Selborne (Sydney) and Essex Court Chambers (London). He undertakes work in hearings under domestic rules (including ACICA, CIArb, IAMA) and is also experienced in appearing in international matters governed by ICC and SIAC rules. As well as being listed as a leading commercial law practitioner in a number of legal areas by Chambers & Partners and Legal 500, Shane is listed as a leading Arbitration Silk by the Australian Financial Review’s Best Lawyers®, Doyle’s Guide and Who’s Who Legal.

Chiann Bao (Arbitrator, Arbitration Chambers)

Chiann is an independent arbitrator with extensive experience working in multiple jurisdictions (Singapore, Hong Kong, New York and London). She brings significant institutional and private practice experience to her work as and independent arbitrator. During her private practice, Chiann focused on complex international arbitration and litigation, acting as counsel for corporates, state-owned enterprises. She currently serves as a Vice President of the ICC Court of Arbitration and the Chair of the ICC Commission Task Force on Arbitration and ADR. She is also Vice Chair of the IBA’s International Arbitration Committee.

Sarah Spottiswood (Barrister, Level Twenty Seven Chambers)

Sarah practices in commercial and public law. Prior to joining Level Twenty Seven Chambers she was a solicitor at the Australian Government Solicitor (Canberra) and at the UK Government Legal Department. She has a significant background in international law. She advised the UK Department for International Trade on investment arbitration, World Trade organisation disputes and Free Trade Agreement negotiations. Sarah represented the UK at the UNICTRAL Working Group on Investor-State Dispute Settlement (2017-201

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