Dispelling due process paranoia: Fairness, efficiency and the rule of law
The phenomenon of due process paranoia is a real and growing problem in international arbitration. It potentially exacerbates the trend of rising costs and delays in international arbitration, undermines the significance of due process, and reinforces the erroneous conception that the goals of due process and efficiency are inherently opposed. It overlooks the fact that the concept of due process in international arbitration has been carefully calibrated so that it refrains from absolutism and contains a window through which considerations of efficiency can properly feature. Perhaps most significantly, due process paranoia compounds the problems of the rapidly growing complexity of disputes and the inertia that has slowed the reform of longstanding procedures that arbitration’s users neither require nor desire. In these ways, due process paranoia threatens the legitimacy of international arbitration.
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Chief Justice Sundaresh Menon was appointed Chief Justice of the Supreme Court on 6 November 2012.
Chief Justice Menon graduated with a Bachelor of Laws (First Class Honours) from the National University of Singapore in 1986 and a Master of Laws from Harvard Law School in 1991. He was admitted as an advocate and solicitor in Singapore in 1987, and as an attorney and counsellor-at-law in New York in 1992.
After he was called to the Bar in Singapore, he practised with major local and international law firms, primarily as an advocate, in the fields of commercial litigation and arbitration, construction law and insolvency law. From 2006 to 2007, he served as a Judicial Commissioner of the Supreme Court. He was appointed Senior Counsel in 2008. In 2010, he was appointed the 6th Attorney-General of Singapore, a post he relinquished in 2012 shortly before his appointment as a Judge of Appeal. He was appointed to the Presidential Council for Minority Rights upon his appointment as Attorney-General in 2010 and was later appointed as its Chairman in 2012, upon his appointment as Chief Justice.
He is also the President of the Singapore Academy of Law.
Sponsors Remarks and Thank You
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About the Chartered Institute of Arbitrators
Since 1915 and with over 16,000 members worldwide in over 130 countries operating in over 250 commercial sectors, the Chartered Institute of Arbitrators exists for the global promotion, facilitation and development of all forms of private dispute resolution. In addition to providing education, training and accreditation for arbitrators, mediators and adjudicators, CIArb acts as an international centre for practitioners, policymakers, academics and businessmen. CIArb Australia is one of 40 branches offering institute members a prestigious, globally-recognised qualification and access to a global professional community and regular networking opportunities. www.ciarb.net.au