Newsletters

PRESIDENT'S MESSAGE

It has been a difficult period for Singapore these last few months as the need for heightened measures has pushed back the timeline to a full opening. There remains light at the end of the tunnel as the Prime Minister announced that we are on track to having two-third of the population vaccinated by National Day on 9 August. 

Minlaw’s move this month to extend third party funding (“TPF”) to domestic arbitrations and the Singapore International Commercial Court (“SICC”) is a welcome move. In such a time of global crisis when cash flow is no doubt challenged, businesses all the more need access to sophisticated options such as TPF to allocate and diversify the risks and costs of dispute resolution.  

I am also looking forward to Singapore Convention Week to be held from 6 – 10 September. I urge members based in and outside Singapore to attend as there will be a mix of in person and virtual options. As part of the Convention week, SIArb will be conducting a joint virtual conference with the Asia Pacific Institute of Experts (“APIEx”) on 6 September, which is the first time an event of this nature has been organised by both Arbitrators and Experts.  

It has also been wonderful to be part of events hosted by our friends at the Malaysia Institute of Arbitrators (MIArb) and the Philippine Institute of Arbitrators (PIArb).  MIArb recently organised an exciting virtual debate on the issue of whether AI will render arbitrators obsolete in 25 years. PIArb organised a virtual seminar comparing the Singapore and Philippine position on “The Arbitration Agreement”, where SIArb was represented by Janice Lee. 

Meanwhile, stay safe.  Take care of yourselves, your loved ones and your neighbours.

30 June 2021

Markus P. Beham is Assistant Professor at the Chair of Constitutional and Administrative Law, Public International Law, European and International Economic Law of the University of Passau, Germany, and an adjunct lecturer in international law at the University of Vienna, Austria. He holds a joint doctoral degree from the Université Paris Nanterre and the University of Vienna and a doctoral degree in history from the latter as well as an LL.M. degree from Columbia Law School in New York. Prior to returning to academia, Markus was part of the International Arbitration Group of Freshfields Bruckhaus Deringer LLP, resident in the firm’s Vienna office. He continues to provide expert advice for private clients, law firms, NGOs, international organisations, and states on matters of international law, EU law, and arbitral procedure. He has acted in cases before ICSID, ICC, DIS, and ad hoc tribunals as well as before the Austrian Supreme Court.

Questions:

What traits or personality in a person that you think are more important as an arbitrator?

Reflection in decisions of equity and justice, integrity in questions of ethics, sound judgment in questions of practical result.

What advice do you have for someone interested to be an arbitrator?

First, of course, try to work for or with someone who actually practices arbitration. That might not be as easy as it sounds but if you put yourself out there by publishing substantive work, even on a blog, or by simply attending events and socialising, opportunities will reveal themselves sooner or later.

Who is your idol and role model and why?

I have been very fortunate in having had the opportunity to work with or for people that carry the qualities I strive for both professionally and personally. So, I cannot really say that there is any one “idol”. Rather, I have tried to measure my decisions by the example of my mentors and peers, hoping to perhaps present the same high standard to others that I have been lucky enough to experience.

Taking into consideration that climate change is nowadays one of the major topics, do you think that disputes relating to environmental and climate change matters will gain relevance in international commercial arbitrations, in particular in supply chains?

The growing phenomenon of climate lawsuits impressively demonstrates how once ridiculed propositions have become galleon figures of progressive development of the law. Increasingly, “soft law” standards will become binding requirements and the arbitration community will have to become fit to handle such issues as a natural part of any commercial dispute.

Can you share the most interesting case you had to handle?

Definitely my involvement with a successful pitch in a case relating to innovation in the renewables sector that built on my personal theory of expropriation and legitimate expectations. The client has since managed to gain partial success before the German Federal Constitutional Court but the investment proceedings are still ongoing. With an eye to the recent settlement in the Vattenfall dispute there may now be a realisation by states that the right to regulate comes with the necessity to properly take into account the interests of investors when conducting a proportionality test. Otherwise, it will be unlikely that corporations will have the proper incentives to play their part in combating the climate crisis.

What are the challenges do you think COVID has brought to arbitration and arbitration practitioners?

Generally, the situation, as unfortunate as it is, has facilitated great leaps in the process of digitalisation. However, there is surely no denying that arbitration has also always been a people’s business and a lot happens simply on the basis of trust. While conferencing tools have allowed to keep the conversation going and foster professional networks, the recurring concern I hear from students or at mentoring events is the difficulty to break into the field under the current circumstances.

Do you think that arbitration institutions should adopt their own environmentally-related sets of arbitration rules?

New kinds of legislation aimed at supply chain due diligence or wide-reaching environmental impact assessments will require arbitral institutions to pay closer attention to an arbitrator’s ability to render an enforceable award. If you look at the German supply chain legislation, it lists the major UN human rights conventions, the core conventions of the International Labour Organization, and the Minamata Convention. Not many seasoned commercial arbitrators will be familiar with these treaties and there will be a greater need to rely on lawyers trained in both public and international law alongside the usual qualifications.

What is your comfort food and why?

As a half-Brit, I will have to say a “full English”. Unfortunately, BREXIT has made a large number of items unavailable in the British food store I frequent in Vienna. It is a weak sign of progress that we seem to have moved farther apart in 2021, as opposed to closer together.

Will COVID have a lasting impact on arbitral proceedings?

For sure, digitalisation is here to stay, and we have simply become accustomed to the conveniences of handling certain procedural elements online. But this cannot be a full substitute for in-person meetings, even though I have heard more than once that settlements have never occurred as fast as over online conferencing tools.

Given the choice of anyone in the world, whom would you want as a dinner guest?

My late grandfather, who I never had the chance to experience in the professional world in which he practiced.

Is there something that you have always wanted to do but never had a chance to accomplish it?

Arbitrate proceedings based in Singapore!

You will be isolated on an island for 5 days. Name the items you would bring along if you are allowed only 5 items?

Five copies of the Report of the International Law Association Committee on International Law and Sea Level Rise that I have had the chance to work on as part of the Committee to hand out and discuss with the people directly concerned by this pressing symptom of the climate crisis.

SIArb Newsletter Issue 37 (31 March 2021)

Having trouble reading this email? View it in your browser. Not interested anymore? Unsubscribe Instantly.   March 2021  (Issue No.37)   the president's column PRESIDENT'S MESSAGE - March 2021 It was around this time last year when Covid-19 had forced the world to confront a common adversary.  Amidst the tragic loss of life, we were forced to slow down, re-evaluate what matters and re-define how we live.  The International Arbitration community responded with resilience.  We effectively harnessed technology without compromising due process to ensure that access to justice was not disrupted.  SIArb quickly adapted to hold its training programs and CPD events online.  The Singapore International Arbitration Centre (“SIAC”) announced a record caseload as at 30 Oct 2020 of 1005 cases and also launched a new SIAC Americas office in New York.  The Supreme Court of Singapore continued to provide vital support to international arbitration as cases relating to jurisdictional issues, setting aside and enforcement of awards continued to be heard virtually.  I also noticed how platforms such as Linkedin have evolved in 2020 such that tuning in to my “newsfeed” has been a useful way of keeping abreast of legal developments through updates from friends globally.  We were forced to be physically distant, yet we “virtually” became...   Read more Dinesh Dhillon President, SIArb 2017-2021 ARTICLES CASE DIGESTS (March 2021) By Charis Wang, Fullerton Law Chambers LLC & Daniel Seligman, Columbia Research Corp In this issue, we report on the following decisions on arbitration released by the Singapore courts between Jan 2021 and March 2021: CAI V CAJ AND ANOR [2021] SGHC 21 CBS V CBP [2021] SGCA 4 (“CBS V CBP”) CHH V CHI [2020] SGHC 269 Vitol Asia Pte Ltd v Machlogic Singapore Pte Ltd [2020] SGHC 209 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. Teodoro Kalaw Read More UPCOMING EVENTS Date Event March - April 2021 Online International Entry Course (IEC) 2021  27 April 2021 SIArb Roundtable Discussion on: “How to Make a Career in Arbitration”  20 May 2021 Interest in Arbitration is Interesting! (But the Law of Interest Claims is a Mess)  6 Sept 2021 Joint APIEx - SIArb “Spotlight on Experts” Virtual Conference       View our Past & Upcoming Events HERE.   RECENT EVENTS Developments in Singapore Arbitration (18 February 2021) Chaired by Mr Francis Goh (Harry Elias Partnership LLP), the Institute held one of our flagship events, the annual talk on Developments in Arbitration, on 18 February 2021. We were privileged to welcome back Professor Lawrence Boo to deliver an annual round up of arbitration cases considered by the Singapore courts in the last calendar year... Read More Joint SIArb-SCCA Debate: "This House Believes that Virtual Meetings and Hearings will be the Norm Post Pandemic" (3 December 2020) On 3 December 2020, SIArb held its Annual Debate as a joint event with the SCCA. The collaboration brought about a lot of synergy, and allowed the two organisations, each representing arbitration practitioners and corporate in-house lawyers, to know and understand each other’s work requirements as well as an opportunity for networking (albeit virtual) amongst members. The Annual Debate saw a brilliant line-up of participants. First and foremost, the event was chaired... Read More Incoterms 2020 – All You Need to Know and Common Pitfalls (9 September 2020) The Incoterms or International Commercial Terms are a series of pre-defined commercial terms published by the International Chamber of Commerce (ICC) since 1923. The Incoterms are however not law as they are a set of standard international trade rules for trading which parties can choose to incorporate into their trade contract. The webinar held on 9 September 2020 was timely, as it looked at the ninth edition of the Incoterms introduced on 1 January 2020... Read More   announcements SIArb Committees 2021 We thank all members who have volunteered their time and services in our recent Call for Volunteers. The Committee Chairpersons have finalised their respective Committees. You may view the role and composition of each Committee HERE.  New Members The Institute extends a warm welcome to the following members: Members Paul Michael Thomas Tracey Ting Wei Ang James Nicholson Abraham Vergis, S.C. Amila Gamage Toh Jia Yi Min Jian Chan Sabine D Angely Lavail  Ece Dayioglu Andrew Ridgen Green Fellows Kwang Hyuk Choi Esther, Hui Nah Seah Anthony Koo Nam Kok Dr Matthew Secomb Dominic Yip J Q Ashok Kumar Singh Kher Sheng Lee Christopher Chong Palmiotti Dario Simone Yvonne Tang Cheong Mei Ling Josephine Tham Ruby Matthew Charles Shaw Kang Choon Hwee Alban Adriana Alexis Uson-Ong Choo Zheng Xi Remy Eddie Luar Peter Chew 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 (2020-2021) Publications Committee President     Dinesh Dhillon Vice President Tay Yu-Jin Honorary Secretary Francis Goh Honorary Treasurer Yeo Boon Tat Immediate Past President Chan Leng Sun S.C. Council Members Chia Chor Leong Chia Ho Choon Andrew Pullen Ramesh Selvaraj Rebecca Tai Andersen Tan Weiyi      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.

PRESIDENT'S MESSAGE

It was around this time last year when Covid-19 had forced the world to confront a common adversary.  Amidst the tragic loss of life, we were forced to slow down, re-evaluate what matters and re-define how we live.  The International Arbitration community responded with resilience.  We effectively harnessed technology without compromising due process to ensure that access to justice was not disrupted.  SIArb quickly adapted to hold its training programs and CPD events online.  The Singapore International Arbitration Centre (“SIAC”) announced a record caseload as at 30 Oct 2020 of 1005 cases and also launched a new SIAC Americas office in New York.  The Supreme Court of Singapore continued to provide vital support to international arbitration as cases relating to jurisdictional issues, setting aside and enforcement of awards continued to be heard virtually.  I also noticed how platforms such as Linkedin have evolved in 2020 such that tuning in to my “newsfeed” has been a useful way of keeping abreast of legal developments through updates from friends globally.  We were forced to be physically distant, yet we “virtually” became closer.

As I write this, I have registered and am awaiting my appointment for the Covid-19 vaccination.  There is light emerging at the end of the tunnel.  Bill Gates who had forewarned us about pandemic risk has reportedly predicted that the world will be “completely back to normal” by the end of 2022.  But what will “normal” be after Covid-19? At this time last year, I quoted the prescient words of Dave Hollis, “In the rush to return to normal, use this time to consider which parts of normal are worth rushing back to”.  Singapore has a unique and privileged opportunity to play a part in shaping this answer when we host global leaders at the World Economic Forum (“WEF”) from 17-20 August 2020.  Not just the WEF, but all of us individually as we decide how best to live “normally” as we approach that light at the end of the tunnel.