On 1 December 2021, the SIArb held a webinar delightfully entitled “Arbitration Claus(e) is Coming to Town”. The webinar was moderated by Ms Chiann Bao, an independent arbitrator with Arbitration Chambers while the speakers were Ms Jelita Pandiatan, a partner with Linklaters, and Mr Kevin Nash, the Registrar & Centre Director of the Singapore International Arbitration Centre.
In her opening remark, Ms Bao provided a brief backdrop to controversy that still exist with the arbitration clause. Ms Pandiatan as the 1st speaker provided an overview of the various grounds on which invalid arbitration agreement could arise and the framework for assessing these pathological clauses. She also discussed lessons to be learnt from recent case laws such as: Cheung Teck Cheong Richard v LVND Investments Pte Ltd [2021] SGHC 28, Silverlink Resorts Ltd v MS First Capital Insurance Ltd [2020] SGHC 251, K.V.C Rice Intertrade Co Ltd. Asian Mineral Resources Pte. Ltd. & Anor [2017] SGHC and HKL Group Co. Ltd. V Rizq International Holdings Pte. Ltd. [2013] SGHCR 5. Mr Nash covered the grounds on the elements of an effective arbitration agreement as well as addressed issues relating to multi-tiered dispute resolution clauses, consolidation and joinder, amongst others. The panel took a number of questions during the Q&A before closing the webinar with a note of thanks to the speakers and all present.
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Khoo Jing Ling - Wii Pte Ltd