Logical Limits of the Validation Principle

Wednesday, July 10, 2024, at 12:00 p.m. EDT/9:00 a.m. PDT

CIArb-NAB is delighted to announce our upcoming webinar titled “The Logical Limits of the Validation Principle in International Arbitration,” featuring Dr Matthew Secomb, FCIArb, and Ms. Clemency Wang, both International Arbitration practitioners at White & Case LLP.

In the realm of international arbitration, a well-established principle is the presumption of validity for arbitration clauses, often referred to as the ‘validation principle’. This principle is employed to interpret arbitration agreements in a manner that upholds their validity, sometimes pushing the boundaries of their original wording to make them effective. However, this raises critical questions about the limits of the validation principle. When does this approach go too far? What types of flawed arbitration clauses are likely to be upheld, and which are not? Additionally, do various jurisdictions interpret and apply the validation principle differently?

Dr. Matthew Secomb, FCIArb, an experienced practitioner in international arbitration with extensive expertise in both commercial and investment arbitration, along with Ms. Clemency Wang, an arbitration practitioner with a strong interest in the development and application of the validation principle and broad expertise in arbitration issues, will explore these significant questions. See panelist bios below.

Panelists’ Bios:

Dr. Matthew Secomb

Matthew Secomb is the Head of White & Case LLP’s International Arbitration practice in Asia-Pacific. He focuses on international arbitration, with a particular emphasis on energy-related and construction disputes.

Matthew spent nearly ten years in White & Case’s Paris office before moving to Singapore in 2015. Prior to joining White & Case in 2006, Matthew worked as counsel to the ICC International Court of Arbitration, where he oversaw hundreds of arbitrations in a wide array of industries and territories.

He has been listed as one of the top Asia-Pacific based lawyers in Who’s Who Legal: Global Elite Thought Leaders – Arbitration. Matthew is also listed across WWL Arbitration, WWL Construction and WWL Energy. He also acts regularly as arbitrator, having chaired or sat as sole or co-arbitrator in arbitrations under various rules (principally ICC and SIAC).

In addition to his counsel and arbitrator work, Matthew is an Adjunct Professor at the National University of Singapore, where he teaches a course on energy arbitration. He also lectures in International Commercial Arbitration at Queen’s University. Qualified in Australia, England & Wales and Paris, he regularly represents domestic and multinational clients in arbitrations around the world.

This program is presented by the North America Branch of the Chartered Institute of Arbitrators

Clemency Wang

Clemency Wang is a member of White & Case LLP’s International Arbitration practice in Singapore. Prior to her move to Singapore, she worked in the New York office of White & Case for three years. She is triple-qualified in New York, England and Wales, and Singapore. Clemency specializes in investment and commercial arbitration, and complex commercial disputes.

Clemency represents private parties and sovereign states in high-stakes, complex commercial and investment treaty arbitrations. She has represented clients in international arbitrations before all major arbitral forums, including ICSID, ICDR, LCIA, SIAC, as well as in arbitrations under the UNCITRAL Rules.

Clemency has represented clients in international arbitrations applying various governing laws, including, New York law, English law, Singapore law, Chinese law, Taiwanese law, Saudi Arabian law, Uzbek law, and international law. She represents a range of clients in various industries, such as oil and gas, renewable energy, technology, mining and metals, and insurance. She also has experience in litigation matters before US state and federal courts.

Clemency has been noted in Asia-Pacific Legal 500 2024 as “a brilliant lawyer. She is incredibly smart and sharp. Her analytical flair always brings enormous values to discussions and hone your arguments. Her intelligence is something every client would hugely appreciate when one works with W&C Singapore international arbitration team.”

She graduated from Columbia Law School as a James Kent Scholar and Harlan Fiske Stone Scholar and received the Parker School Certificate of International Law. At Columbia Law School, she served on the board of the American Review of International Arbitration as Head Notes Editor. She was also a Staff Editor of the Columbia Human Rights Law Review and Jailhouse Lawyer’s Manual. She graduated from University College London with a Bachelor of Laws with First Class Honors.