The doctrine of res judicata prevents a party from re-litigating a matter which has already been the subject of a binding decision. But when will it apply and what is its scope? Are there differences in how it applies to arbitration, as compared to litigation in court? What issues give rise to the most difficult questions? And how does Singapore law compare with the approach in other jurisdictions?
In this webinar, Margaret Joan Ling will explain the operation of res judicata and associated doctrines (cause of action estoppel, issue estoppel and abuse of process under Henderson v Henderson) under Singapore law, including in recent cases such as DyStar Global Holdings v Kiri Industries (in which she appeared before the Singapore International Commercial Court) and BTN v BTP (in which the courts were asked to review an arbitral tribunal’s decision on res judicata). Drawing on her experience of arguing res judicata issues in arbitrations in Korea, Yunsoo Shin will provide a contrasting perspective from a civil law jurisdiction.
Webinar participants will be able to watch and listen to (via computer audio or telephone line) the video presentation and Q&A discussion on their screens, receive a PDF copy of the presentation slides, as well as participate in the Q&A discussion by sending in their questions to the moderator via text using the built-in Q&A function.
|5.30 – 5.45pm||
Opening Remarks by Moderator
Mr. Toh Chen Han – Partner, Pinsent Masons MPillay LLP; Council Member, Singapore Institute of Arbitrators
|5.45– 7.00pm||“You Can’t Re-Open that Question!” - Res Judicata in International Arbitration
Ms. Margaret Joan Ling - Partner, Allen & Gledhill LLP
Ms. Yunsoo Shin - Partner, Peter & Kim (Seoul)
|7.00 – 7.15pm||
Panel Discussion and Q&A Session Moderated by Webinar Moderator
About the Speaker(s)
Ms. Margaret Joan Ling regularly advises and acts for multinational corporations in domestic and international arbitrations. She has substantial experience regarding the enforcement and setting aside of international arbitral awards. Apart from acting as counsel, Margaret has experience as arbitrator under both the arbitration rules of the ICC and SIAC. She was a Council Member of the Singapore Institute of Arbitrators and is the subject editor (arbitration) for the SAL (Singapore Academy of Law) Practitioner. She is also part of the Core Committee of the ICC Arbitration Group in Singapore.
In addition, Margaret has an active litigation practice and has appeared in cases before the Singapore International Commercial Court, Singapore High Court and Court of Appeal. She has also been appointed amicus curiae under the Supreme Court’s inaugural Young Amicus Curiae Scheme
|Ms. Yunsoo Shin is a well-experienced specialist in international disputes and complex corporate matters. Yunsoo has acted as an international arbitrator at ICC and KCAB International. Before joining Peter & Kim, she practised law at Bae, Kim & Lee LLC, served as a fellow at Harvard Law School Program on Corporate Governance, taught graduate students at Harvard and Wharton, and published journal articles on corporate governance and shareholder disputes in Delaware and Korea. Yunsoo is a graduate of Seoul National University (B.S., LL.B.), the Wharton School (MBA, in finance and business analytics), and Harvard Law School, where she earned her doctoral degree (SJD).|
About the Moderator
|Mr. Toh Chen Han focuses on the resolution of construction, engineering and commercial disputes. He is the Immediate Past Chair of the Society of Construction Law (Singapore), a Fellow of the Singapore Institute of Arbitrators.
A seasoned litigator, Chen Han acts as Counsel in international arbitrations, and in proceedings in Singapore's High Court and Court of Appeal. He has acted on major infrastructure projects such as the construction of power plants in Borneo, Pakistan, the Philippines and South Africa, international airports in India and Vietnam, the Red Line Commuter Train Project in Thailand, an iron-ore processing plant in Russia, and numerous large-scale projects in Singapore including the iconic Marine One development, Changi Airport, Sports Hub, Tuas Desalination Plant 3, Deep Tunnel Sewerage System Phase II, Lower Seletar Water Works, Changi Water Reclamation Plant Phase 2, Biopolis, Fusionopolis, Kallang-Paya Lebar Expressway, the Thomson, Eastern Region, and Jurong Region mass rapid transit lines.
REGISTRATION CLOSING DATE: 4th March 2022
(includes materials, if any)
|SIArb Members||S$ 40.00|
Continuing Professional Development
SILE CPD Points
Download Brochure HERE.
|02 Jun 2022 |
05:30PM - 07:15PM
SIArb Roundtable Discussion on: “How to Make a Career in Arbitration” (2 June 2022, 5.30pm - 7.15pm (GMT +8))
|17 Jun 2022 |
07:30PM - 11:00PM
SIAC (Mumbai) - Conference 2022: Current Choices and Emerging Trends in International Arbitration (17 June 2022)
|21 Jun 2022 |
05:30PM - 07:15PM
Webinar Series: Focus on Energy Disputes - Part 1: Gas (21 June 2022, 5.30 - 7.15pm (GMT+8))
|06 Jul 2022 |
03:00PM - 06:00PM
SIAC Academy Specialist Arbitration Series Part 2: Energy, Oil & Gas Arbitrations (6 July 2022)
|12 Jul 2022 |
05:00PM - 06:30PM
Maxwell Conversations - Duties of International Arbitrators (12 July 2022)
|28 Jul 2022 |
05:30PM - 07:15PM
Webinar Series: Focus on Energy Disputes - Part 2: Renewables (28 July 2022, 5.30 - 7.15pm (GMT+8))
|07 Sep 2022 |
09:00AM - 06:00PM
HYBRID FORMAT! Fellowship Assessment Course (FAC) 2022