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20 December 2016 (Issue No. 20)
 
the president's column

PRESIDENT'S MESSAGE - December 2016

It has been an eventful year, full of surprises and sometimes heartache. In SIArb, we take stock amidst the uncertainties and anxieties of the world, and are thankful for what we have.

SIArb celebrated its 35th Anniversary with a lovely dinner at Aura, National Gallery on 27 October 2016. The organisers of this dinner led by Mr Chia Ho Choon and assisted as usual by our secretariat, Intellitrain put together a wonderful evening for us. We thank our Guest-of-Honour, Ms Indranee Rajah, Senior Counsel, Senior Minister of State, Ministry of Law & Ministry of Finance for her insights on the state of Singapore arbitration at the dinner. Read More

Chan Leng Sun S.C.
President,
SIArb 2013-2017

case law developments

BCY V BCZ [2016] SGHC 249 ; Rals International Pte Ltd v Cassa di Risparmio di Parma e Piacenza Spa [2016] 5 SLR 455
By YEO BOON TAT - Partner, Pinsent Masons MPillay LLP and TAN HAI SONG - Associate, MPillay

In this issue, we discuss two decisions, as follows:

-  BCY V BCZ [2016] SGHC 249
- Rals International Pte Ltd v Cassa di Risparmio di Parma e Piacenza Spa [2016] 5 SLR 455

BCY V BCZ [2016] SGHC 249

What law ought to govern an arbitration agreement, particularly where the law of the seat differs from the governing law of the main contract?

In a very well-reasoned decision, the High Court held that there is a presumption that the proper law of an arbitration agreement is the same as that of the main contract, preferring the approach of Moore-Bick LJ in Sulamerica CIA Nacional de Seguros SA and others v Enesa Engenharia SA and others [2012] EWCA Civ 638 (“Sulamerica”) over its previous approach in FirstLink Investments Corp Ltd v GT Payment Ltd and other [2014] SGHCR 12 (“First Link”).

Read More

articles

Choosing Arbitration: Rational Choice or Template, Compromise, Anecdote and Instinct?
By CAMERON FORD - Corporate Counsel, Rio Tinto

I am sometimes bemused when I read experts’ explanations of the reasons commercial parties choose a particular dispute resolution method.  The reasons are eminently sensible and reflect the various merits and demerits of each method, but they rarely match my experience of the real reasons behind the method in the contract.

Read More

The SIAC Rules 2016 - Groundbreaking Innovations and Enhancements
By MICHELLE LEE - Associate, Baker & McKenzie.Wong & Leow

The sixth and latest edition of the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules 2016") came into effect on 1 August 2016. It is the product of an extensive public consultation process in multiple forums across Asia, Europe, and North America.1  It takes into account recent developments in the international arbitration space and is aimed at meeting the needs of its users such as businesses, financial institutions and governments.2 

Read More
 
 
 
Recent Events
 

SIArb's 35th Anniversary Annual Dinner (27 Oct 2016)

On 27 October 2016, SIArb hosted its 35th anniversary dinner at Aura, Sky Lounge, National Gallery Singapore, within the hallowed halls of the iconic former City Hall building. The clear views of the famous Padang field and the city skyline provided the perfect backdrop for a delightful evening for the celebration of the fellowship and camaraderie of the arbitration community in Singapore.
Read More

Fellowship Assessment Course 2016 (14, 21, 22 and 24 October 2016)

The Institute’s annual Fellowship Assessment Course was well attended, attracting over 35 participants this year.

The Institute congratulates those who have passed and look forward to them qualifying as Fellows of the SIArb.
Read More

Challenging Perceptions in International Dispute Resolution – The Role of the Singapore International Commercial Court (12 October 2016)

Speakers: Sir Vivian Ramsey, Mr. Mohan Pillay
Chair: Mr. Toh Chen Han

The Institute was honoured to host a seminar presented by Sir Vivian Ramsey and Mr Mohan Pillay who shared valuable insights on the role of the Singapore International Commercial Court ("SICC") in international dispute resolution.
Read More

Recent Trends in the Recognition and Enforcement of Foreign Judgments (28 September 2016)

Speaker: Prof. Anselmo Reyes SC
Chair: Mr Chan Leng Sun SC

The Institute was pleased to organise a talk by Prof Anselmo Reyes SC on developments in the recognition and enforcement of foreign judgments in common law and civil law jurisdictions. He also discussed the 2016 Preliminary Draft Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters presently being worked on by a Special Commission of The Hague Conference as well as aspects of the 2005 Hague Choice of Court Convention. Various interesting issues were considered in relation to the 2005 Convention during the talk which gave participants much food for thought.

Read More

   
   
Upcoming Events
Date
Event
11 January 2017
Is the End of the Arbitration World Coming in 2017?
21, 22, 24 April 2017
International Entry Course
25 April 2017
Members' Nite

View our Past & Upcoming Events HERE

announcements
New Members
The Institute extends a warm welcome to the following members:
Members
  • Loh Pik San
  • Neil Woodcock
  • Thierry Forichon
  • Dayanandan
  • Dan Chong
  • Tai Chin Hoe
  • Janice Lee
  • Lorenda Ting Lee
  • Yeo Jing Kai
  • Vanessa Chou
  • Kwek Soo Hwee
Fellows
  • Sureshan T. Kulasingam
  • Vineet Shrivastava
  • Fang Wei Lim
  • Simon Stanford
  • Eng Kwang Goh
  • Joseph Lopez
  • Eng Cheong, David Sim
  • Albert Monichino QC
  • Tan Weiyi
  • Deeliprakash Venkatesan
  • Lim Tong Chuan
  • Lam Koy Soon
  • Arthur Yap
  • Yeo Wee Hian
  • Teo Kar Hian
  • Kho Choon Joo
  • Chung Shuean Seen
  • Tan Ay Jy
View our Member Listing HERE

Panel Arbitrators
The Institute congratulates the following on their admission to the panel of arbitrators:
Primary
  • Edmund J Kronenburg
View our Primary & Secondary Panel 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 (2016 -2017) Publications Committee

President
Chan Leng Sun S.C.
Vice President
Dinesh Dhillon
Honorary Secretary
Naresh Mahtani
Honorary Treasurer
Chia Ho Choon
Immediate Past President
Mohan R Pillay
Council Member
Francis Goh Siong Pheck
Steven Lim
Johnny Tan Cheng Hye BBM
Tan Weiyi
Tay Yu-Jin
(co-opted wef 8 Sept 2016)
Yang Yung Chong
Yeo Boon Tat

Chair
Yeo Boon Tat (Editor)
Committee Members
Gan Kam Yuin (Editor)
Govindarajalu Asokan
Kelvin Aw
Chee Fang Theng
Chew Yee Teck, Eric
Earl Dolera
Ignatius Hwang
Lim Meng Juan
Tan Weiyi
Roger Tan
Tham Wei Chern





 

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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