Asia ADR Week 2019

Caroline Kenny QC, President of CIArb Australia and Vinayak P. Pradhan, Director of the AIAC

Caroline Kenny QC joined former Attorney-General of Singapore V.K. Rajah SC and other panellists at the ASIA ADR Week 2019 (AIAC) in Kuala Lumpur on 28 June 2019 to discuss “Public Policy as a Shield: Enforceability of Contractual Obligations.” The panel addressed the following issue: “With the lines between the public and private continually being blurred, how can private commercial parties enforce their contractual rights against a government when the latter reneges on their obligations on the basis of their sovereign right to regulate public policy?” The session explored the disparate nature of international law and considered, among others, the position of the sovereign state which reneges on a contract allegedly for the benefit of the people. The panel was moderated by Speaker of the House of Representatives, Parliament of Malaysia and Retired Court of Appeal Judge of Malaysia, H.E. Dato’ Mohammad Ariff, and together with Caroline Kenny QC comprised Elodie Dulac, Partner, King & Spalding, Singapore, LLP), Robert Volterra (Volterra Fietta) and MonicaFerria Tinta, Twenty Essex Chambers.