Speaker: Dean Lewis - Partner, Pinsent Masons
Chair: Johnny Tan - Independent Arbitrator
Over 50 participants attended the talk by Dean Lewis who shared his research and insights contained in his recently published book.
Dean identified the reasons for the adoption of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”), and explained the concept of the “internationalist approach”, which simply put, is the application of law by a court “that is intended to respond to the needs of a transnational community”.
Dean then embarked on a fascinating comparative analysis of the extent to which the “internationalist approach” has been adopted by the courts in three different jurisdictions, namely Singapore, Hong Kong and Australia. He provided a historical examination of case law on the Model Law of each jurisdiction across four periods – 1977 to 1994, 1995 to 2003, 2004 to 2010 and 2011 to 2015, to identify the extent and consistency of such adoption against three parameters - the “internationalist approach” - Model Law Internationalist Norm (“I-Norm”), Travaux Preparatoires Internationalist Norm (“TP I-Norm”) and Global Jurisconsultorium Internationalist Norm (“JC I-Norm”).
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His analysis suggests there is a gradual recognition and adoption of the “internationalist approach” in all three jurisdictions, with Hong Kong and Australia the early adopters, and Singapore catching up and becoming the leading adopter in recent years. Interestingly, UK cases were cited most in Hong Kong proceedings and significantly less in Singapore and Australian proceedings. Dean also shared his analysis of the public policy impact on the “internationalist approach” as reflected in several cases.
A wine reception capped off the successful event, with participants taking the opportunity to chat with Dean Lewis and mingle with fellow participants.
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Reported by:
IGNATIUS HWANG - Partner, Squire Patton Boggs Singapore LLP