Circular No 121/2020 CPD code: T3/04052020/BC/BC204009/1 Dated 24 Apr 2020

Mediation in the Time of COVID-19

4 May 2020 (Monday) 11:00 am to 12:00 pm

This CPD Live Session carries 1 CPD point. It is free of charge, but advance registration is required.

Upon successful registration, a link to the CPD Live Session will be emailed to registered participants only. Registration will close at 12:00 pm, 30 Apr 2020 (Thursday).

No additional registration will be accepted once the closing date has passed, or if the CPD Live Session is full.

The CPD Department may not permit future registration if you fail to attend a CPD Live Session after registering, unless you provide an acceptable and valid reason(s).

The COVID-19 pandemic has created an unprecedented global crisis where all industries now grapple with looming disputes and uncertainties. There will potentially be countless conflicts ahead as many people will want solutions or mechanisms that would lead to swift solutions. Can mediation play a positive role in both preventing and amicably enabling conflict resolution?

What do you or your business need to consider in light of potential conflicts that may arise as everyone emerges from the extended Movement Control Order (“MCO”)? For the construction industry, are there special considerations?

Shanti Abraham’s talk will focus on the following:

• Brief overview on mediation and how it is different from arbitration and adjudication;

• How mediation may be used to resolve contractual, commercial or family disputes generally;

• How mediation can be sought during these times and in the near future, in view of social distancing measures;

• Pros and cons of mediation and the rising interest in online mediation; • Cross-border mediation — what options and opportunities lie ahead; and • Lawyers and mediation advocacy.

Register online here

Thayananthan Baskaran’s talk will focus on the following:

• Is mediation particularly suited to resolve certain construction contract disputes?

• Is the construction industry open to mediation? • When is the most opportune time to refer a dispute to mediation? • Whether COVID-19 and the MCO amount to frustration of a construction

contract? • Whether COVID-19 and the MCO amount to force majeure? • How will mediation be conducted during the MCO?

CPD Live is an initiative by the Bar Council during the MCO period, so that Members and pupils are not deprived of continuous learning even during these times.

Come join the CPD Live Session in the comfort of your own home!

Speakers

Shanti Abraham of Shanti Abraham & Associates in Kuala Lumpur was admitted as an advocate and solicitor to both the Supreme Court of Singapore and High Court of Malaya, and has been in practice for over 25 years. She is a litigator, arbitrator, adjudicator and mediator. Her areas of practice include corporate and restructuring work, contractual, commercial and construction disputes, among others. Shanti is a Singapore International Mediation Institute (“SIMI”)-Certified Mediator (Level 4) and has a public profile on the SIMI Mediator website as a SIMI ambassador.

She is a mediator on the panels of the Securities Industries Dispute Resolution Centre (“SIDREC”), Malaysian Mediation Centre (“MMC”), and Singapore Mediation Centre (“SMC”). She is on the panel of Arbitrators, Adjudicators and Mediators with the Asian International Arbitration Centre (“AIAC”). She has been trained in Mediation and Advanced Mediation (Mediating Complex Disputes) at Harvard Law School and Investor-State Mediation by the Hong Kong Department of Justice. She has also trained a broad range of professionals in mediation skills, including the Brunei and Myanmar judiciaries. She regularly mediates both in Malaysia and in Singapore in many industries, and has conducted tech-enabled cross-border / online mediations.

Thayananthan Baskaran is a Partner with Baskaran. Thaya’s primary area of practice is construction law. He drafts various building and engineering contracts, advises on disputes arising from such contracts, and appears as counsel to resolve these disputes. He also sits as an adjudicator, arbitrator and mediator, and was appointed as an adjudicator in the 15th statutory adjudication registered in Malaysia, regularly sitting as an adjudicator. Thaya is on the panel of several international arbitration centres and has been appointed as arbitrator in a variety of commercial disputes. He also sits as a mediator in Kuala Lumpur and Singapore.

Thaya is the author of Arbitration in Malaysia: A Commentary on the Malaysian Arbitration Act (Kluwer Law International 2019). Thaya was the Chair of the Chartered Institute of Arbitrators Malaysia (“CIArb”) from 2017 to 2019, and the President of the Society of Construction Law Malaysia (“SCL”) from 2016 to 2017. He is recognised as an Arbitration Future Leader in Who’s Who Legal 2020, and ranked as a Litigation Star in Benchmark Litigation 2020. Thaya is described as “the best example of the new wave of Asian practitioners who offer great talent and fresh ideas” in Global Arbitration Review 2018.

Moderator

Shannon Rajan is a Disputes Partner in the Construction and Engineering practice and co-heads the Occupational, Safety and Health practice at Skrine. He is also part of the Aviation practice, focusing on issues arising in relation to airport projects, maintenance and operations.

Shannon has experience in the entire range of dispute resolution processes, including litigation, arbitration, adjudication, mediation, and bespoke processes. He is an accredited arbitrator, adjudicator and mediator who sits on the panel of the AIAC and MMC. He is also an associate mediator with the Singapore Mediation Centre. He has acted as a sole arbitrator and as counsel under the United Nations Commission on International Trade Law (“UNCITRAL”), Singapore International Arbitration Centre (“SIAC”), AIAC rules, and in ad hoc cases.

A Step-By-Step Guide to Join the CPD Live Session

(1) For seamless streaming, we strongly recommend you to download the ezTalks mobile app (iPhone or Android), or the desktop app (refer to “ezTalks Meetings for Windows or Mac” here).

Participation via web browser is discouraged due to reported loss of sound and video.

(2) You will be given a link to the CPD Live Session once your registration is confirmed.

(3) Fill in your registration particulars in the link provided. Upon submission, a confirmation email by the CPD Department will be sent to your registered email. It will contain a webinar ID and a 4-digit invitation code. Register at ezTalks Webinar at least an hour before the CPD Live Session. The process may require about five minutes, depending on Internet speed and browser used.

(4) Obtain the 4-digit invitation code at least an hour before the CPD Live Session. The process may require about five minutes, depending on Internet speed and browser used.

(5) To join the CPD Live Session via ezTalks Webinar, enter your webinar ID and 4-digit invitation code. For Members of the Bar or pupils in chambers, use the format below for identification purposes when prompted:

Full name (as per NRIC) | Bar Council membership number or petition number

For non-Members, provide your full name only.

(6) Log into ezTalks Webinar at least 15 minutes before the CPD Live Session commences. Do not exit and re-enter the waiting room; this is to prevent disruption and minimise heavy Internet traffic.

(7) Do not share the link (including webinar ID and password) to any persons that have not registered for the CPD Live Session.

(8) Ensure the speaker settings of your electronic devices are enabled.

(9) To raise a question, type in the chat box and the speaker will respond accordingly during the Question-and-Answer Session.

(10)No screen recording, sharing, or reproducing the content of the CPD Live Session on any platform is allowed. Failure to adhere may result in disciplinary action by the Bar Council.

If you have any enquiries, please email us at cpd@malaysianbar.org.my.

—————————————————————————————————— Issued by:

Ravi Nekoo and Richard Wee Thiam Seng, Co-Chairpersons, Bar Council Professional Standard and Development Committee

Kuthubul Zaman Bukhari and Nachammai Kumarappan, Co-Chairpersons, Bar Council Mediation Committee