In the seventh annual Commercial Arbitration Symposium organised by the Singapore Institute of Arbitrators at the Old Parliament House, enthusiastic arbitration professionals held a lively and engaging discussion around current issues in commercial arbitration.
Following previous years' format, with no set speakers or speeches, participants were invited to introduce topics, with the discussion then opening up to the floor under Chatham House Rules.
The Symposium commenced with a discussion of conduct, practice & procedure, co-chaired by Mr Stephen Moriarty, QC of Fountain Court Chambers and Mr Kevin Nash of the Singapore International Arbitration Centre. Participants considered topics ranging from emergency arbitrator procedures and discovery to the length and cost of arbitration and a code of ethics for counsel in arbitration, with different views and experiences shared among the group.
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After a refreshment break, the discussion moved on to the Tribunal, looking at its jurisdiction, powers and duties, in a session co-chaired by Mr Steven Lim of Nabarro LLP and Professor Benjamin Hughes of Seoul National University. A particularly contentious topic surrounded collection of information on arbitrators, as well as interviewing arbitrators for appointments. While a number of the participants felt that interviewing arbitrators prior to appointment was necessary and appropriate, others were opposed to the idea and highlighted issues with inappropriate questions that appear to be aimed at ascertaining the views of an arbitrator which may have a bearing on the outcome of a case. The group also discussed the previous SIArb talk by Mr Michael Hwang, SC on the use of interrogatories in arbitration.
Finally, with plenty of energy still remaining, the group moved on to discuss the role of the Courts, with the discussion co-chaired by Sir Bernard Eder, International Judge at the SICC and Mr Cavinder Bull, SC of Drew & Napier. A very topical discussion followed, where significant recent Singapore cases in this area were considered, as well as other issues such as insolvency, enforcement and challenges to arbitral awards. Sir Bernard in particular shared some useful (and entertaining) insights.
With a fun evening of drinks and networking following the more cerebral part of the day, a rewarding and enjoyable day was had by all.
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