Newsletters

SIArb Newsletter Issue 42 (05 August 2022)

Having trouble reading this email? View it in your browser. Not interested anymore? Unsubscribe Instantly.   August 2022 (Issue No.42)   the president's column PRESIDENT'S MESSAGE - August 2022 SIArb was established in 1981 by 25 founder members and crossed its 40th milestone last year.  Our mission remains largely the same today – to serve as a national body to promote arbitration, train and accredit arbitrators, as well as organise lectures, courses and social events for our members, working in collaboration with likeminded organisations. Although SIArb began in 1981 with a modest group of 25 non-lawyers and lawyers, it enlarged its membership to 79 by 1982 and grew to 600 members by its 25th year in 2006.  Today, we have just shy of 1,000 members and a more cosmopolitan mix of members than ever before, with high local and international demand for our training and accreditation services.  SIArb is one of the key stakeholders in the arbitration community in Singapore and contributes regularly to arbitration developments. 40 years for a volunteer organisation can be said to be more significant than 40 years in the life of a person in that it is only possible through the public service and sacrifice of all those who have come before us.  There is therefore much to commemorate, to celebrate and to be grateful for. Council has been considering for some time different ways to commemorate the occasion – including to hold a gala dinner – essentially a party – for our members and friends to congregate.  Due to pandemic restrictions, we could not do this in 2021 but are looking forward to doing so in late November this year.  The electronic flyers have started being circulated so many of you will know that there will be three related events. First, our popular annual Commercial Arbitration Symposium on 29 November 2022 (Tuesday), which is making a comeback after a 2 year hiatus, again in the old Parliament Chamber at the Arts House.   Second, as the Chair of the Regional Arbitral Institutes Forum (RAIF) in 2022, SIArb is hosting the annual RAIF Conference on 30 November 2022 (Wednesday) as a pre-event of our gala dinner. Third, our 40th Anniversary Gala Dinner will be held in the evening on 30 November 2022 (Wednesday) in the Fullerton Hotel ballrooms. We are honoured that Minister Edwin Tong, Minister for Culture, Community and Youth and Second Minister for Law, has agreed to grace our event and we have already started to receive reservations from colleagues and friends from the region and from further afield so we expect to be fully booked. Please do not leave your interest too late. We encourage those of you who would like to support the events to please book your tables or seats early. Our Secretariat will assist you with this as well as any interest in sponsorship. Read more Tay Yu-Jin President, SIArb 2021-2023 This email address is being protected from spambots. You need JavaScript enabled to view it. ARTICLES THE USE OF TECHNOLOGY IN ARBITRATION: ICC ARBITRATION AND ADR COMMISSION REPORT ON LEVERAGING TECHNOLOGY FOR FAIR, EFFECTIVE AND EFFICIENT INTERNATIONAL ARBITRATION PROCEEDINGS  By Chan Yong Neng - Pinsent Masons MPillay; Connor Clark & Horace Ng - Pinsent Masons In the biblical tale of the Judgement of Solomon, King Solomon ruled between two women both claiming to be the mother of a child. Solomon identified the true mother by proposing that the baby be cut in two, with each woman receiving a half. One woman was content with the proposal, while the other pleaded that... BOOK REVIEW: LAW PRACTICE AND PROCEDURE OF ARBITRATION IN INDIA By Dinesh Dhillon - Allen & Gledhill LLP  Following the successful release of the 2nd edition of ‘Law, Practice and Procedure of Arbitration’ written from the perspective of Malaysian law, Datuk Professor Sundra Rajoo has authored another invaluable treatise in his latest work ‘Law, Practice and Procedure of Arbitration in India’, a welcome and valuable resource providing a detailed insight into India’s developments and contributions to international arbitration. This book provides a holistic guide on both... in the hot seat! In each issue of our newsletter, we interview an SIArb member to get their views on the alternative dispute resolution scene in Singapore, and to obtain some insight into what makes them tick. In this issue, we interview: Mr. Justyn Jagger. Read More   RECENT EVENTS SIArb Roundtable Discussion on: “How to Make a Career in Arbitration” (2 June 2022) The newly-established SIArb Young Practitioners Network presented a roundtable discussion on “How to Make a Career in Arbitration” on 2 June 2022. Participants  were given an opportunity to get up close and personal with the speakers of diverse backgrounds in arbitration. Speakers, Ms Christine Artero, Ms Shobna Chandran, Mr Garry Crossley and Mr Lee Wai Pong were candid and generous with their advice on the avenues available to individuals interested in developing a career in arbitration. Ms. Cathryn Neo, Ms Khyati Raniwala, Mr Ang Wee Jian and Mr Fabian Lim facilitated the individual breakout room sessions.   The common themes that emerged during the various conversations that took place included... Read More WEBINAR: Conflict of Laws in International Arbitration (18 May 2022) On 18 May 2022, SIArb organised a webinar on conflict of laws in international arbitration.   The webinar was moderated by Mr Dinesh Dhillon, a Partner with Allen & Gledhill LLP and SIArb’s immediate past President, and the speakers were Prof. Janet Walker, CM – Chartered Arbitrator, Atkins Chambers, Dr. Kabir Duggal – Attorney, Arnold & Porter, New York and Mr Alvin Yap – Associate, Squire Patton Boggs Singapore LLP.   Prof Walker began the presentation by setting the stage with three questions... Read More   Upcoming EVENTS Date   Event   31 Aug 2022   Joint Law Society Singapore, Singapore Institute of Arbitrations and Society of Mediation Professional Debate: "This House Believes that Everything the Light Touches is Mediation’s Kingdom"   6 Sept 2022 HYBRID FORMAT! SIArb "Beyond Arbitration: Global Perspectives" Lecture - Values and Interests in International Relations and Networking 7 Sept - 7 Nov 2022 ONLINE OR HYBRID FORMAT! Fellowship Assessment Course (FAC) 2022 7 Oct 2022 Webinar: SIArb Annual Lecture 2022: Determining Consent to Arbitration: Formalism, Realism or Negativism? 29 Nov 2022 IN PERSON! SIArb’s Commercial Arbitration Symposium 30 Nov 2022 IN PERSON! Regional Arbitral Institutes Forum (RAIF) Conference hosted by SIArb 30 Nov 2022 IN PERSON! SIArb’s 40th Anniversary Gala Dinner View our Past and Upcoming events HERE.     announcements  New Members The Institute extends a warm welcome to the following members: Associates Tze Wei Julian Lim Megumi Yamamoto Yaoguo Lun Cherian Manjila Keo Langcheng Ling Ling Luo Rasika Dissanayake Members Mark Dempsey Sau Wee Chong Lada Shelkovnikova Hui Kok Teo Kevin Chan Wai Yi Philippe Espinasse Thaddaeus Tan Walter Silvester Siraj Shaik Aziz Walter Alexander Vishal Aggarwal Adi Prawira Koesoemo Widagdo Vijay Rangroo Mark Cheng Siew Beng Lee Aloysius Tan Sumi Anand Vijai Parwani Wah Kam Chia Mathew Kurian Fierman Prakarsa Alam Margaret Joan Ling Bhavish Advani Fellows Richard Tan Yung Kuan Foo Tze Tai Liu David Goodwin Lawrence Teh Siraj Omar Anton Peter Gustav Ingles 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 (2021-2022) Publications Committee (2022) President     Tay Yu-Jin Vice President Andrew Pullen Honorary Secretary Francis Goh Honorary Treasurer Tan Weiyi Immediate Past President Dinesh Dhillon Council Members Chia Chor Leong Chia Ho Choon Ramesh Selvaraj Rebecca Tai Andersen Toh Chen Han Yeo Boon Tat     Chair Yeo Boon Tat Committee Members Khoo Jing Ling Mr Bernard Lim Lim Hseng lu Fabian Lim Jenna Lim Ying Adolf Peter Daniel Seligman Tham Wei Chern Toh Chen Han Amos Wu         Follow, like or share our LinkedIn Page 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.

SIArb Newsletter Issue 41 (31 March 2022)

Having trouble reading this email? View it in your browser. Not interested anymore? Unsubscribe Instantly.   March 2022 (Issue No.41)   the president's column PRESIDENT'S MESSAGE - March 2022 I hope everyone is in good health! “Living with covid” has new personal meaning for me as I write this note on day four of my first experience of being covid positive. While I still feel quite uncomfortable, I’m thankful that the symptoms aren’t deadly like Delta and I certainly look forward to fully recovering soon. In our planning for 2022 and beyond, Council has been working hard to explore new modalities for organising courses, events and activities to engage with members (both local and overseas), including predicting what our programming would look like post-pandemic. For instance, given that our events now also draw an audience from overseas members and non-members, we will explore the extent to which we continue to hold virtual-only events or lectures; and, as the cost of holding hybrid-events come down, we will explore this as an option for some of our more significant or popular activities, including our courses. In this connection, last week’s announcement in Singapore of the easing of safe management measures has been particularly timely because Council is in the middle of planning the timing of major in-person events for later this year. One key event to look forward to is our popular and much-missed Annual Dinner, which will also serve this year to commemorate SIArb’s 40th milestone...    Read more Tay Yu-Jin President, SIArb 2021-2023 ARTICLES CASE DIGESTS (March 2022) By Tham Wei Chern & Ling Yuanrong - Fullerton Law Chambers  In this issue, we report on the following decisions on arbitration released by the Singapore courts between January 2022 and March 2022: BZW and BZX v BZV [2022] SGCA 1 CLX v CLY and CLZ and another matter [2022] SGHC 17 Sai Wan Shipping Ltd v Landmark Line Co, Ltd [2022] SGHC 8 in the hot seat! In each issue of our newsletter, we interview an SIArb member to get their views on the alternative dispute resolution scene in Singapore, and to obtain some insight into what makes them tick. In this issue, we interview: Mr. Kelvin Aw. Read More   RECENT EVENTS WEBINAR: “You Can’t Re-Open that Question!” - Res Judicata in International Arbitration (9 March 2022) On 9 March 2022, the SIArb held a webinar to discuss how the legal principle of res judicata is dealt with in international arbitration.  The webinar was moderated by Mr Toh Chen Han, a partner with Pinsent Masons MPillay LLP while the speakers comprised Ms Margaret Joan Ling, a partner with Allen & Gledhill LLP, and Ms Yunsoo Shin, a partner with Peter & Kim (Seoul)... Read More WEBINAR: Developments in Singapore Arbitration 2021 (10 February 2022) On 10 February 2022, Professor Lawrence Boo returned to SIArb’s CPD programme to provide his annual appraisal of “Developments in Singapore Arbitration” in 2021.  As always, this proved to be a very popular event, with over 100 registrations for the webinar... Read More WEBINAR: Crossing Continents: What Can Singapore and Switzerland Learn From Each Other? (13 January 2022) The moderator, Ms Julie Raneda (Schellenberg Wittner), started the discussion by introducing the speakers and the context for the webinar - Switzerland is perceived to be a neutral venue, has many experienced arbitrators, is one of the places of choice for ICC arbitration and also one of the top three centres for international arbitration... Read More   Upcoming EVENTS Date   Event   2 June 2022   SIArb Roundtable Discussion on: “How to Make a Career in Arbitration”     View our Past and Upcoming events HERE.   announcements  New Members The Institute extends a warm welcome to the following members: Associates Khyati Ranawaka Dimitrios Katsikis Tan Zhi Sheng, Shaun Vincent Koh Anthony Cheah Nicholls Qian Wu Members Wong Yew Choon Fellows Michael Leung Wong Hong Wai Rachel Ewin Tan Lian Yok Richard Duan Gang Dang Viet Anh Andrew Lee Kelly Yap Hermann Knott Mohamed Goush Marikan Bhavik Dipak Rajani Tan Li Jie Ong Pei Ching Winston Kwek Ting Yong Hong Tamara Theophiel Liduina Buijsse Magdalene Chew Kelvin Goh Leong Lu Yuan Kelvin Teo < 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 (2021-2022) Publications Committee (2022) President     Tay Yu-Jin Vice President Andrew Pullen Honorary Secretary Francis Goh Honorary Treasurer Tan Weiyi Immediate Past President Dinesh Dhillon Council Members Chia Chor Leong Chia Ho Choon Ramesh Selvaraj Rebecca Tai Andersen Toh Chen Han Yeo Boon Tat     Chair Yeo Boon Tat Committee Members Ms Khoo Jing Ling Mr Bernard Lim Mr Lim Hseng lu Ms Jenna Lim Ying Dr. Adolf Peter Mr Daniel Seligman Mr Tham Wei Chern Mr Toh Chen Han Mr Amos Wu         Follow, like or share our LinkedIn Page 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.

31 March 2022

Kelvin Aw is a partner in CMS and co-heads its infrastructure and construction practice in Singapore. He brings more than 25 years of court and board room experiences to champion clients’ interests in both contentious and transactional matters in the sector. Kelvin is consistently ranked as a leading individual by various legal ranking directories for his expertise in construction, projects & energy, and dispute resolution, such as Chambers Asia-Pacific: Leading Lawyers for Business, Legal 500, Best Lawyers and Benchmark Litigation. He has been described as “a very experienced construction lawyer who knows his stuff” and that “he is well-versed in contentious matters, including international arbitration”. Kelvin is also a Senior Accredited Specialist for Building and Construction recognised by the Singapore Academy of Law. He is a fellow of the Singapore and Chartered Institutes of Arbitrators, and an accredited Senior Adjudicator with the Singapore Mediation Centre. In addition, he has served on the Council of the Singapore Institute of Arbitrators and has taught construction law modules at the National University of Singapore.

Questions:

How would you describe yourself in three words?

Introverted yet extroverted

How did you first get involved in arbitration work?

I pupiled in Chan Tan & Partners, a rare boutique construction law practice, under Mr Raymond Chan. As a young lawyer, I was expected to navigate through piles of documents with little to no electronic aid, as was then common in the construction and arbitration bar. The masochist in me enjoyed the process thoroughly, and with the encouragement of my then boss, I specialised early in this field.

In the course of your work, do you notice a trend in clients preferring arbitration over litigation as a form of dispute resolution?

Earlier in my career, the trend was to prefer arbitration over litigation. However, with the rising costs associated with arbitral proceedings, coupled with the streamlining of the court process in Singapore and the emergence of the SICC, I have observed a renaissance of interest in litigation at least in Singapore. However, with arbitration still being prescribed in most industry-standard forms, clients invariably resolve their differences through arbitration instead of litigation. While this may appear to be a prescribed “choice”, it may not necessarily reflect a real “preference” at any one point in time.

What is the most memorable arbitration or arbitration related matter that you were involved in, and why?

In my 2nd year of practice, I was asked by my then boss to sit as local counsel in the closing submissions of an ICC international arbitration held in Vancouver but seated in Singapore. The award was subject matter of a setting aside proceedings in John Holland Pty Ltd v Toyo Engineering Corp [2001] SGHC 48 which has been recently affirmed by the Court of Appeal as to the elements needed to be established to set aside an award on grounds of natural justice under Singapore law. Under the Singaporean arbitration regime those days, foreign lawyers could only argue in Singapore seated arbitral proceedings in the presence of local counsel. In practice, to satisfy such a requirement, a junior lawyer from a Singapore law practice would usually be assigned to perform this task; a practice that is now redundant given the amendments to the International Arbitration Act 1994. I sat with the team at Clayton Utz, helmed by Professor Douglas Jones AO, who ran a paperless arbitration – a first for me those days. I had the good fortune of being shown their data room beside the hearing venue at the now Mandarin Oriental Hotel, Singapore. Fast forward 20 years, and with the advent of virtual hearing due to the pandemic, paperless arbitration is now something that is here to stay.

What advice do you have for a young fellow practitioner interested in arbitration work?

I would first parrot my then Pupil Master’s advice to me, and that is to decide on early specialisation and get into the arbitration circuit as soon as you are qualified to do so. Secondly, I would encourage young practitioners to consider the myriad dimensions in which arbitration cross-fertilises with other forms of ADR, because there is no “one size fits all” solution to dispute resolution.

What are the challenges you think arbitration practitioners will face in the upcoming years?

The pandemic has rendered virtual hearings a new normal, and with its adoption by progressive arbitral institutions around the world, arbitration practitioners will have to gear up on tech, both hardware and software, if not now then in the upcoming years. While it is encouraging to see that the arbitration bar getting younger and more tech savvy, senior members of the bar will need the support to adapt.

What advice do you have for a young fellow practitioner interested in developing a career as an arbitrator?

In my view, a good arbitrator is one who maintains objectivity throughout the proceedings. One good way of developing this sense of impartiality is to have prior experience advocating from either side of the issue or case. While those with legal training have a distinct advantage in this respect, industry professionals can equally hone their skills through training and courses provided by institutes such as the SIArb.

Who is the person(s) who has had the greatest impact and/or influence on your career?

I was fortunate to have pursued the MSc in Construction Law and Arbitration run jointly by King’s College London and the National University of Singapore. It was and still is the longest running multi-disciplinary construction law and arbitration course in the world. I recall that my first tutorial in the construction technology module was conducted by Professor Phillip Capper, who posed a question on the water closet or WC which none of us lawyers could answer. That tutorial left an indelible mark in me, to always be curious. Clearly, the “whys” and “why nots” have been a constant guide in my practice.

If you weren’t in your current profession, what profession would you be in?

I would have pursued music arrangement and be a producer in the music industry.

What’s your guilty pleasure?

A moist and frost-coated slice of carrot cake (not the Singaporean dish by the same name) paired with a cup of freshly brewed earl grey.

What is one talent that not many people know you have?

I conduct a community choir for folks from all walks of life who enjoy singing and community engagement.

Fill in the blank: “Arbitration is to dispute resolution as icing is to cake”.

SIArb Newsletter Issue 40 (29 December 2021)

Having trouble reading this email? View it in your browser. Not interested anymore? Unsubscribe Instantly.   December 2021 (Issue No.40)   the president's column PRESIDENT'S MESSAGE - December 2021 It is customary in December for this column to be an opportunity for reflection, gratitude, and optimism. While 2021 has been another long and difficult year for so many of us, and Omicron raises new uncertainties of the moment, we still have much to be grateful and thankful for. While we have not been able to meet in person yet to celebrate SIArb’s 40th year milestone, we are thankful that SIArb has nevertheless continued to adjust well to the pandemic in 2021. Over the past two years, Council has made a concerted effort to invest in infrastructure and expertise to ensure that SIArb can adaptably take its activities completely online whenever necessary. Thanks to the hard work of our Education Committee led by Chia Chor Leong and our Secretariat led by June Tan, our flagship Membership and Fellowship courses and exams continue to be in high demand and can now be fully conducted in a virtual and online format. We will continue to invest in getting more adept at this, take in your suggestions for improvements, and focus in 2022 on developing new continuing education resources for arbitrators since this lies at the heart of SIArb’s mission...   Read more Tay Yu-Jin President, SIArb 2021-2023 ARTICLES CASE DIGESTS (December 2021) By Fayth Kuah, Continental Automotive Singapore Pte Ltd  In this issue, we report on the following decisions on arbitration released by the Singapore courts between October 2021 and December 2021: Bloomberry Resorts and Hotels Inc and another v Global Gaming Philippines LLC and another [2021] SGCA 94 CAJ and another v CAI and another appeal [2021] SGCA 102 in the hot seat! In each issue of our newsletter, we interview an SIArb member to get their views on the alternative dispute resolution scene in Singapore, and to obtain some insight into what makes them tick. In this issue, we interview: Mr. Raymond Chan. Read More   RECENT EVENTS Virtual Debate: “This House Believes that the Received Wisdom that Litigation Practice Is the Best Foundation for a Successful Career in Arbitration Should No Longer Be So Readily Received” (9 December 2021) Users opt for arbitration to stay out of court. Yet, within legal circles, the traditional wisdom (and oft-repeated advice to new and younger entrants) has been that one must first develop ...... Read More WEBINAR: Arbitration Claus(e) is Coming to Town (1 December 2021) 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 ... Read More SIArb Annual Lecture 2021 - Sanctions in International Arbitration: Pros, Cons, and Implications (12 October 2021) How do Government sanctions impinge on the practice of arbitration, and how should the participants in arbitration – including lawyers, arbitrators and arbitral institutions ... Read More   Upcoming EVENTS Date   Event   13 Jan 2022   NEW DATE! WEBINAR: Crossing Continents: What Can Singapore and Switzerland Learn From Each Other?   10 Feb 2022 WEBINAR: Developments in Singapore Arbitration 2021   View our Past and Upcoming events HERE.   announcements  New Members The Institute extends a warm welcome to the following members: Associates Fabian Lim Members Madhur Baya Chaojiong Chen Arie C. Eernisse Pauline Low Arumugam Sriganeshakantha Fellows Christopher Lim Lim Kee Liew @ Victor Lim Ramesh Moosa Anish Wadia < 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 (2021-2022) Publications Committee (2021) President     Tay Yu-Jin Vice President Andrew Pullen Honorary Secretary Francis Goh Honorary Treasurer Tan Weiyi Immediate Past President Dinesh Dhillon Council Members Chia Chor Leong Chia Ho Choon Ramesh Selvaraj Rebecca Tai Andersen Toh Chen Han Yeo Boon Tat     Chair Yeo Boon Tat Committee Members Gil Marie Alba David Chung Justin Gan Fayth Kuah Lim Hseng Iu Deepika Madan Adolf Peter Mahesh Rai Daniel Seligman Ananya Pratap Singh Carolyn Tan Tham Wei Chern Christopher Tan Andrew White Wong Siew Hong Follow, like or share our LinkedIn Page 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.