SIArb’s annual lecture, “Developments in Arbitration in Singapore” for the year 2022, which provided an overview of the decisions made by the Singapore courts in 2022, was held on 16 February 2022 (Thurs), from 5:30pm to 7:30pm, in a webinar format.
The chairperson for the lecture was Mr Matthew Shaw, who is a Council member and the Chair of the Continuing Professional Development Committee of the SIArb while the speakers were Prof. Lawrence Boo and Ms Delphine Ho. Prof. Boo is an independent arbitrator and head of The Arbitration Chambers, Singapore. He teaches international arbitration at the NUS, is the author of Halsbury’s laws of Singapore volume 1(2) and one of the leading commentators on Singapore arbitration law. Ms Ho is also an independent arbitrator at The Arbitration Chambers. She was the registrar of SIAC from 2016 to 2021.
Prof Boo commenced the lecture by giving the attendees an overview of the 2021/2022 arbitration caseload numbers for SIAC, ICC, LCIA and HKIAC. HKIAC saw a 24.2% increase in caseload from 2021 while the other 3 institutions have not released their 2022 caseload figures.
Prof Boo first provided an overview of the arbitration issues that were before the Singapore courts in 2022, which are as follows:
- 2 applications on stay of court proceedings in favour of arbitration (including 1 appeal)
- 3 applications relating to jurisdiction
- 18 applications to set aside arbitral awards
- 4 applications on enforcement of arbitral awards (domestic and foreign)
Prof Boo and Ms Ho then went on to discuss a total of 20 Singapore cases which have precedential value, mostly within the above categories of the above, and which are as follows:
- Stay of proceedings:
- CSY v CSZ  SGCA 43
- Presscrete Engineering PL v Ssangyong-Wai Fong Joint Venture  SGHC 8
- Jurisdiction of the Tribunal:
- Hunan Xiangzhong Mining Group Ltd v Oilive Pte Ltd  SGHC 43
- York International PL v Voltas Ltd  SGHC 153
- CUG & 3 Ors v CUH  SGHC(I) 16
- Setting Aside (Applications allowed/remitted):
- Sai Wan Shipping Ltd v Landmark Line Co Ltd  SGHC 8
- Pheonixfin PL v Convexity Ltd  SGCA 17; upholding  SGHC 88
- CKH v CKG  SGCA 54; partially reversing  SGHC 114
- CEF & Anor v CEG  SGCA 54; partially reversing  SGHC 114
- Bagadiya Brothers (Singapore) PL v Ghanashayam Misra & Sons PL  SGHC 246
- Setting Aside (Applications dismissed/reversed):
- Sanum Investments Ltd & Anor v Government of the Lao People’s Democratic Republic & Ors and another matter  SGCA(I) 9
- Lao Holdings & Anor v Government of the Lao People’s Democratic Republic and another matter  SGCA(I) 9
- CJA v CIZ  SGCA 41; reversing  SGHC 178
- CNQ v CNR  SGHC 267
- CFL & Anor v CFL & Anor  SGHC(I) 1
- Enforcement of Arbitral Awards:
- National Oilwell Varco Norway AS v Keppel FELS Ltd  SGCA 24; reversing  SGHC 124
- CNX v CNY  SGHC 53
- Re Shanghai Xinan Screenwall Building & Decoration Ltd  SGHC 58
- CVG v CVH  SGHC 249
- Other Issues:
- Anupam Mittal v Westbridge Ventures II Investment Holdings  SGCA 1 (on appeal from  SGHC 244
Following the above discussion, Prof Boo presented a notable foreign case, C v D  HKCA 729, which was contrasted with the views by the Singapore CA and the US Supreme Court on the same issues.
Prof Boo also provided a case study of an actual event to emphasise that arbitrators should ensure proper disclosures lest the non-disclosure give rise to circumstances that call to question their professional integrity.
The lecture culminate with discussions of Q&As from the floor.
Attendees were also provided a detailed case digest.
The lecture was well presented and packed with information.
Click HERE to view more photos.
Khoo Jing Ling