SIArb Newsletter Issue 27 (14 September 2018)

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14 September 2018 (Issue No. 27)
 
the president's column

PRESIDENT'S MESSAGE - September 2018

Time has flown by and the end of 2018 will soon be upon us. It is thus opportune to reflect on some of our initiatives this year and the road ahead.
Education and Training is a core function of SIArb and it has as always been an eventful year. The Committee chaired by Naresh Mahtani conducted the International Entry Course (“IEC”) on 27, 28 & 30 April 2018 and 40 participants passed the examination. The next Fellowship Assessment Course (“FAC”) is scheduled for 18, 19, 26, 27, 29 October 2018. Course Director Leslie Chew SC will be introducing some fresh changes to the course syllabus, with an increased emphasis on practice sessions in addition to the award-writing component. The Singapore Chamber of Maritime Arbitration (“SCMA”) has also been in talks with us on a potential collobation on holding a course on accreditation for maritime arbitrators in 2019.
SIArb presently administers arbitrations conducted under two such schemes, namely the Committee for Private Education (“CPE”) Mediation-Arbitration Scheme, and the Council for Estate Agencies (“CEA”) Dispute Resolution Scheme. The arbitration rules for the CPE Mediation-Arbitration Scheme were revised and put into effect in April 2018. The Committee also seeks to promote scheme arbitrations in other areas and industries and to expand the number of schemes to be administered by SIArb in partnership with other organizations and bodies. The Committee led by Chia Chor Leong is presently pursuing initiatives to develop scheme arbitrations for disputes in the areas of telecommunications, commerce and sports.
The next Regional Arbitral Institute Forum (“RAIF”) Conference will be hosted by the Indonesian Arbitrators Institute (IArbI) in Jakarta on 28-29 November 2018. Details of this event are on our website...


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Dinesh Dhillon
President,
SIArb 2017-2019

case law developments

China Machine New Energy Corp v Jaguar Energy Guatemala LLC & Anor [2018] SGHC 101

By Justin Gan, Sarah Kuek – Stephenson Harwood (Singapore) Alliance
This is the first Singapore case to discuss confidentiality protections concerning document production in the arbitration context. It also discusses (a) the effect of an agreement for arbitration to be conducted within a short fixed timeframe and natural justice considerations, (b) whether there is an implied duty of good faith in arbitration, and (c) whether an arbitral tribunal is under a duty to investigate allegations of corruption.

Sanum Investments Limited v ST Group Co, Ltd and others [2018] SGHC 141

By Wynne Tay – MPillay
This case concerns one of many applications taken out in respect of the enforcement of an award dated 22 August 2016 (the "Award") issued in relation to an arbitration administered under the auspices of the Singapore International Arbitration Centre ("SIAC"). The application before the court was for the refusal of enforcement of the Award under Article 36(1) of the UNCITRAL Model Law on International Commercial Arbitration ("Model Law") contained in the First Schedule of the International Arbitration Act (the "IAA"). The Court dismissed the application as against three out of the four applicants.
The judgment is interesting not least because the facts concern a multi-party situation while involving a multi-tiered dispute resolution clause. Additionally, the Court also considered the principles relevant to the refusal of enforcement of award under Art 36(1)(a)(iv) of the Model Law where the arbitration was wrongly seated.
 
in the hot seat!

Johnny was appointed sole arbitrator in over 100 cases in both domestic and international arbitration. He is on the panel of arbitrators of several arbitration centres including Singapore International Arbitration Centre (SIAC), Hong Kong International Arbitration Centre (HKIAC), Dubai International Arbitration Centre (DIAC), Kuala Lumpur Regional Centre for Arbitration (KLRCA), South China International Economic and Trade/Arbitration Commission/Shenzhen Court of International Arbitration (SCIA), London Court of International Arbitration (LCIA), Indian Institute of Arbitrators and Mediators (IIAM), Russian Arbitration Centre at the Russian Institute of Modern Arbitration (RIMA) formerly known as the Moscow Institute of Arbitrators, Singapore Institute of Arbitrators (SIArb), and Singapore Institute of Architects (SIA).


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Recent Events
Maritime Arbitration – Tips on Rules and Practices (14 August 2018)
Speakers: Mr. Andrew G Moran QC, Mr. Prem Gurbani
Chair: Mr. Lawrence Teh

Two senior arbitrators Mr Prem Gurbani and Mr Andrew Moran QC spoke on maritime arbitration and their experiences, to a full audience of practitioners and other arbitrators. The session was chaired by Mr Lawrence Teh, Senior Partner at Dentons Rodyk.
Mr Moran QC discussed the new LMAA Terms, explaining the rationale behind the changes and how some reflected changes in attitude in London maritime arbitration. He also took the audience through a comparison with the present SCMA Rules. At the end of his section, Mr Moran QC revealed that he was to chair the SCMA Procedure Committee looking into potential revisions to the SCMA Rules.
Mr Gurbani provided an overview of the differences arbitrating ad hoc, under the SIAC Rules (2016), and the SCMA Rules (2015). Points that stood out included the availability of small claims procedures under the SCMA Rules, and emergency arbitrator procedures under the SIAC Rules. There was brief mention of instances where a party's arbitrator nomination is not accepted by the SIAC - for example where the nominee already has a heavy caseload.

 
Focus on Commodities, Minerals and Energy Arbitration (26 July 2018)
Speakers: Mr. Joseph Lopez, Mr. Ben Lawson
Chair: Mr. Andrew Pullen

The seminar on “Focus on Commodities, Minerals and Energy Arbitration was held on 26 July 2018 at The Central (Clarke Quay). The opening remarks were given by Mr Andrew Pullen, a seasoned barrister at Fountain Court Chambers. This was followed by a panel discussion by Mr Joseph Lopez, Partner in Joseph Lopez LLC, and Mr Ben Lawson, Chief Operating Officer of PT. Sanaman Coal International.
The panel discussion was extremely insightful for practitioners and clients alike. Mr Lopez and Mr Lawson both boast an impressive CV with vast experience in the coal and mining industry, and are extremely knowledgeable in their respective practices. They were thus able to provide the audience with invaluable practical pointers on the issues frequently faced in commodities, minerals and energy arbitrations. The panellists’ use of practical illustrations was also extremely helpful in helping to elucidate more complex points.

Upcoming Events

Date
Event
20 September 2018
25 September 2018
25 September 2018
SIArb Annual General Meeting 2018
03 October 2018
18-19, 26-27, 29 October 2018
14 November 2018
15 November 2018
22 November 2018
06 December 2018
A Debate on the Motion "This house believes that computers will replace arbitrators within 25 years"
24 Jan 2019
Party-Representative Ethics – Giving Bite to Ethical Rules

View our Past & Upcoming Events HERE

announcements

Call for Expressions of Interest for Assistant Editors

You may recall that members were consulted on an initiative to publish a journal on Singapore arbitration at the 36th Annual General Meeting on 28 September 2017.
Following the positive support received for the concept, Mr. Mohan Pillay and Mr. Yeo Boon Tat were asked to spearhead this special project. Council is pleased to inform members that we are now concluding discussions with a publisher to co-publish the journal, and are also in process of forming the editorial team for the arbitration journal.
Given this is a SIArb publication, Council is keen for members to have an opportunity to contribute to this special project.
We therefore invite expressions of interest from suitably qualified members for the position of Assistant Editors for the arbitration journal.

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New Members
The Institute extends a warm welcome to the following members:
Associates
  • Bumal Murchoyea
Members
  • Ho Kim May
  • Ang Wee Jian
  • Al Joseph Cedeño
  • Yong Neng Chan
  • Cheong Mun Juen
  • Renuka Karuppan Chettiar
  • Choo Zheng Xi
  • Doan Thuan Hai
  • Gan Wee Hooi
  • Kwang Ming Hua
  • Li Siling
  • Colin Liew Lim Wee Liang
  • Loke Mun Wai Andrew
  • James Love
  • Peng Kong Luke
  • Meera Rajah
  • Peck Shan Ren
  • Ananya Pratap Singh
  • Dinesh Natarajan Venkatesh
  • Gunawan Widjaja
  • Ang Si Yi
  • Joerg Schappei
  • Benjamin Tham
  • Kenneth Tan
Fellows
  • Tony Budidjaja
  • Jeffrey Chan
  • Daniel Reback
  • Michael Lee
  • Neo Xing Hui, Esther
View our Member Listing HERE.
Call for Contribution of Articles
The SIArb Newsletter is a publication of the Singapore Institute of Arbitrators aimed to be an educational resource for members and associated organisations and institutions of higher learning. Readers of the newsletter are welcome to submit to the Secretariat at This email address is being protected from spambots. You need JavaScript enabled to view it. well-researched manuscripts of merit relating to the subject matter of arbitration and dispute resolution. Submissions should be unpublished works between 1,500 to 2,500 words and are subject to the review of the editorial team.
    Council (2017 - 2018) Publications Committee
President    
Dinesh Dhillon
Vice President
Tay Yu-Jin
Honorary Secretary
Naresh Mahtani
Honorary Treasurer
Mohan R Pillay
Immediate Past President
Chan Leng Sun S.C.
Council Members
Chia Chor Leong
(co-opted wef 5 Oct 2017)
Chia Ho Choon
Francis Goh Siong Pheck
Adrienne Louise Beatrice Kouwenhoven
(co-opted wef 5 Oct 2017)
Andrew Pullen
Tan Weiyi
Yeo Boon Tat
Chair
Yeo Boon Tat
Committee Members
Adolf Peter
Eric Chew
David K K Chung
Fayth Huinan Kuah
Gan Boon Eng Justin
Lim Hseng Iu
Rian Matthews
Gan Kam Yuin
Tham Wei Chern
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Disclaimer
The SIArb Newsletter is a quarterly of the publication of the Singapore Institute of Arbitrators. Distribution is restricted to members and those organisations and institutions of higher learning associated with the Institute.

The Institute does not hold itself responsible for the views expressed in the Newsletter which must necessarily lie with the contributors.

 

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