Closing Remarks by SMS Murali Pillai SC at the SCCA 5th International Conference and Exhibition

Dr. Walid Abanumay, Chair of the Board of Directors, Saudi Center for Commercial Arbitration (SCCA)

Dr. Hamed Merah, CEO, SCCA

Your Excellencies, Honourable Justices, Distinguished Guests,

Ladies and Gentlemen

Introduction

1. A very good evening.

2. I am delighted to be here with you this evening. This is my first visit to the Riyadh International Disputes Week (RIDW), and to Saudi Arabia. I am truly grateful to have experienced the renowned hospitality of Saudi Arabia firsthand.

3. We have had many insightful discussions today, about vital issues concerning dispute resolution. It has, nonetheless, been a long day, so I would like to begin with something a little more light-hearted.

4. I am a huge Star Wars fan, and there is a very useful anecdote from Star Wars Episode 1. Now, for people in my generation, although it is Episode 1, it is the fourth instalment of Star Wars. In Episode 1, Princess Padmé appealed to the Galactic Republic’s Senate to resolve the crisis on her home planet Naboo, which was facing invasion by the Trade Federation. Frustrated by the Senate’s delays and inefficiency, she eventually took the matter into her own hands. While things ended well for Padmé and Naboo, this might not always be the case in real life.

5. Lawyers will be familiar with the idiom that “Justice delayed is justice denied.” The Star Wars story perfectly illustrates what happens when decision-making, or resolution, processes fail during a time of crisis. But a crisis only exposes the cracks and defects that are already in our system.

6. In our world today, we may not be facing the same challenges as Naboo, but disruptions are evident.

a. We see economic disruptions through protectionism and re-shoring practices, raising concerns over the stability and security of supply chains.

b. We are also grappling with rapid technological advancements, such as in artificial intelligence, and their accompanying problems and threats, a point raised quite frequently by the honourable speakers who spoke before me.

7. These disruptions make commercial disputes more likely. But we still live in an interconnected and interdependent world. We still rely on exchanges of goods and services, not just to meet our needs, but to flourish and do what we each do best. It is trade and exchange that allows each of us the maximal freedoms to pursue our own ends, and according to our specific and peculiar endowments.

8. This is the economic principle of comparative advantage but underwrites other principles of self-determination and autonomy.

9. In this context, a number of speakers provided their perspectives on what principles should operate within the process of an international dispute resolution system, so that it is legitimate, robust, stable, and fit for purpose in our uncertain times, as aptly captured in the theme of today’s Conference. What values should it embody so that it builds consensus rather than create even more divide?

10. Let me share some thoughts on what these principles could be.

Neutrality and Fairness

11. The first is neutrality and fairness. Parties will want confidence that dispute resolution institutions will fairly serve their needs, regardless of their background or origin.

12. Singapore’s Chief Justice Sundaresh Menon recently spoke about the concept of “neutral justice” at the launch of the Bahrain International Commercial Court in November last year. He suggested that there are three aspects of neutral justice – geographical, institutional, and procedural neutrality.

13. While Chief Justice Menon was speaking in the context of commercial courts, I think the very same ideals apply to all forms of dispute resolution.

14. In arbitration, for instance, the composition of arbitration panels serves as a strong signal of neutrality. International panels with a broad range of expertise provide greater assurance to parties that there will be an arbitrator with the expertise to understand their case, and the fairmindedness to all parties.

15. Speaking from the experience of the Singapore International Arbitration Centre (SIAC), today its Panel is made up of arbitrators of 60 nationalities. In 2024, arbitrators from 43 nationalities were appointed to its tribunals. This international make up has helped SIAC to establish itself as a neutral and fair forum, and has contributed significantly to its growth over the years.

16. SCCA, the organisers of today’s Conference, has also established itself as an international institution. Its Board, Advisory Committee, and Court comprise of leading arbitration experts from all over the world.

17. Many leading institutions, including SCCA, SIAC, London Court of International Arbitration (LCIA), Hong Kong International Arbitration Centre (HKIAC) and the International Chamber of Commerce (ICC) Court of Arbitration now require arbitrators to observe a Code of Conduct to ensure that there is fairness and integrity in the arbitration process.

18. We have heard from Dr Hamed’s tour de force presentation about SCCA’s milestones and achievements this morning. It is now a key pillar of the remarkable economic transformation in this country and this region.

19. A commitment to neutrality and fairness is important in itself, and being seen to be neutral and fair is also a means to garner legitimacy which in turn strengthens enforceability.

20. An arbitration process that is conducted properly builds trust and provides fewer grounds, if any, to set aside awards.

21. I thought the statistics that Dr Hamed provided – that only 8.3% of arbitral awards were set aside by the Saudi Arabian courts of appeal – was very impressive, and certainly much lower than what we see on average across the world. This minimises the risk of protracted post-award proceedings, and in turn increases the credibility of the entire dispute resolution system.

Expert Knowledge: Cutting-Edge Competencies

22. Second, parties need assurance that institutions are competent and have the capability to handle the substance and content of ever more complex disputes.

23. Dispute resolution institutions therefore need to possess cutting edge competencies, in a wide range of domains. This is especially true now with technological changes creating both new ways of doing business and entirely new economic sectors. Our dispute resolution systems will need to likewise keep pace with these developments.

24. Again drawing from Singapore’s experience, the Singapore International Commercial Court has created a Technology, Infrastructure and Construction List, where it can place eligible cases, often involving technically complex issues, before judges with deep expertise and experience in the relevant domains.

25. Now, this may be a good start, but we need to go further. The nature and types of disputes continue to evolve, and we can expect to see more disputes relating to sustainability, digital assets, sanctions, and data, amongst others.

26. In fact, what constitutes “facts” is not even always clear cut, with increasing contestation over authenticity, with the advent of ‘deepfakes’ for example, and alternative narratives becoming much more prevalent.

27. Adjudicators will need to be much more adept at understanding issues well so that the right outcome can be reached. They also need to do so under time pressure so that the proceedings are not overly protracted.

28. In this regard, I noted a point made by the moderator, Dr Majed Alrasheed, in this morning’s panel involving the Honourable Ministers, that arbitrators now have to work faster because the courts have been disposing of their cases even faster.

Fair Consideration: The Power of Inclusiveness

29. Third, it is important for the international dispute resolution system to allow views from a wide range of stakeholders.

30. For small states like Singapore, this fair consideration is critical in enabling us to articulate and protect our interests.

31. This underscores the importance of multilateral platforms like UNCITRAL, which is marking its Diamond Jubilee this year.

32. Cooperation at these platforms have led to important achievements, such as the New York Convention, which has provided much needed certainty and a streamlined process of cross-border dispute resolution. The UNCITRAL Model Law on International Commercial Arbitration has also helped to create a more harmonised and interoperable system.

33. The Singapore Convention on Mediation is another example, and I am glad that jurisdictions in this region, such as Saudi Arabia and Qatar, were amongst the first adopters of the Convention. We have also learnt that Egypt has become the latest signatory, just last month.

34. These examples show that there is no substitute for the convening power of multilateral platforms, underlining the important principle of fair consideration, and with participants having the mindset of cooperation and openness.

35. And events such as RIDW are a good reminder that there is much that we can learn from one another, and of the power of collaboration.

Conclusion: Principles and Process

36. In closing, I return to the question I posed at the start – what are the principles that underline the design of an international dispute resolution framework?

37. Today, almost every state is facing problems that it cannot eradicate on its own. We need processes which all within the international system sign up to, so that we can work together to address these problems.

38. Abandoning the international order and going alone will mean permanently closing the door to any resolution.

39. History offers us reasons for optimism, that the world is able to come together, to address common problems. Some well-known examples include:

a. The Montreal Protocol, which successfully phased out 99% of ozone-depleting substances; and

b. The Convention on International Trade in Endangered Species (CITES) which has regulated trade of over 35,000 species of wild animals and plants.

40. A common theme across several of the Conference’s sessions here today is how effective dispute resolution provides stability amidst uncertainty, and how such institutions transcend national and cultural borders.

41. I realise I started my speech speaking of Star Wars, but dispute resolution is not about war; it is about peace. It is based, not on a naïve hope that we will never disagree, but on a stronger faith that we can work together on a process so as to secure an outcome on which we can agree.

42. To do this well, we need both principles and processes. I have spoken about the importance of neutrality, a commitment to cutting-edge competencies and the fair consideration of all interested parties. If these are present in the processes of dispute resolution, we will have the best chance of arriving to binding outcomes, perceived by all sides to be legitimate and fair. That is the resolution mindset we should aim for.

43. Finally, I would like to congratulate SCCA on a successful Conference and a successful RIDW.

44. Thank you; and to Star Wars fans, may the force be with you.

Last updated on 5 February 2026