Newsletters

25 September 2020

Questions:

Describe yourself in (3) three words.
I found it difficult to find any words so I turned to my regular critics, my 11 year old daughter and 8 year old son and they came up with – funny, smart and hardworking/strict!

How did you first involved in arbitration work?
I started off relatively early in my practice to undertake arbitration work. I did so after attending the SIArb Entry Level Course way back in 1997 and found the subject both interesting and engaging. That ignited a keen interest for the subject and the field and I have not looked back since.

Did you notice a trend in client’s preference for Arbitration over Litigation as a form for Dispute Resolution?
Initially, when I started undertaking arbitration work, there was some resistance and concern amongst clients over referring disputes to arbitration as many were not familiar with the process and were uncomfortable with having disputes resolved outside the court system. That has changed and many clients now prefer arbitration to court litigation for a number of reasons.

What is the most memorable arbitration or arbitration-related matter that you were involved in, and why? 
It would have to be an arbitration I acted in which was heard in Tokyo that involved my Indonesian clients and a Japanese multinational. In the midst of the arbitration proceedings, an application was made to the Japanese courts for evidence to be taken from a Japanese witness. It was the first time such an application had been made in the Japanese courts and the evidence elicited had a significant effect on the outcome of the arbitration

What advice do you have for young Arbitration Practitioners?
To keep at it and gain as much practical experience as possible. Undertaking the diploma course on International Arbitration run either by the CIArb or the NUS would be useful to get a good grounding on arbitration practice and law. Getting on the panels of arbitral institutions should be on the radar and perhaps a good place to start would be the panel of the Law Society Arbitration Scheme.

What challenges will Arbitrators face in the coming years?
The COVID pandemic has made in-person hearings difficult. Whilst hearings can and have gone ahead on virtual platforms, there is a distinct possibility that one side may contend that they were unable to present their case fully or effectively on a virtual platform. This may result in an increase in challenges to arbitral awards. The restrictions on travel may also adversely affect the likelihood of appointments, whether as counsel or arbitrator, in international arbitrations.  

With the establishment of 5 International Mediation Centres and introduction of SIAC-SMC, Arb-Med-Arb Protocol, do you see having a larger role to play in assisting parties to resolve their disputes?
Mediation, as an alternative dispute resolution mechanism, has gained ground over the years and with the coming into effect of the Singapore Convention on Mediation, is likely to play a very significant role in the years ahead. Arbitration practitioners, as a result of the Arb-Med-Arb procedures that have been adopted by many arbitral institutions, will be increasingly involved in mediations. As such it will be critical for the arbitration practitioner to develop and hone his or her skill in mediation advocacy and in conducting mediations.

Who is the person who had the greatest impact/influence in your career?
Two persons stand out. Mr Chelva Rajah SC for his wit, wisdom and grace as well as his ever-ready willingness to help fellow practitioners. Justice Desmond Derrington of the Supreme Court of Queensland for his learning, compassion, wisdom and mentorship.

If you were not in your current profession, what profession would you be in?
Probably a failed writer and poet or an ineffective priest. 

What is your quality pleasure?
Wine, reading and diving, not necessarily in that order or sequence.

What is the one talent which not many knows you have? 
A terrible piano player. That’s why it’s a well-kept secret.

Fill in the blank “Arbitration is to Dispute Resolution as:
“Salt is to Food"

SIArb Newsletter Issue 34 (14 July 2020)

Having trouble reading this email? View it in your browser. Not interested anymore? Unsubscribe Instantly.   14 July 2020 (Issue No. 34)   the president's column PRESIDENT'S MESSAGE - July 2020 Covid-19 has caused the landscape for international arbitration to change completely.  We have all had to step up to the challenge of virtual hearings.  On one level, I have been pleasantly surprised by the options modern technology provide us.  Virtual hearings may well remain the preferred option for directions hearings and applications that do not require witnesses.  However, the challenge for all of us relates to issues involving multiple days of hearing across time zones.  Throw in the need for translation and/or transcription and we run the risk of compromising due process unless sufficient safeguards are first put in place.  As Counsel, we have a duty to be proactive in taking preparatory steps to ensure the quality and reliability of the video-conferencing facilities and document management tools that are employed so as to achieve a fair hearing.  I urge members to read the decisions in.. Read More Dinesh Dhillon President, SIArb 2017-2021 ARTICLES CASE DIGEST (July 2020) By Wong Siew Hong, Eldan Law LLP & Deepika Madan In this issue, we report on the following decisions on arbitration released by the Singapore courts between March 2020 and May 2020: BYL AND ANOR V BYN [2020] SGHC(I) 6 China Machine New Energy Corp v Jaguar Energy Guatemala LLC & Anor [2020] SGCA 12CBP v CBS [2020] SGHC 23  CKR Contract Services Pte Ltd v Asplenium Land Pte Ltd [2020] SGHC 81 BXH v BXI [2020] SGCA 28 Carlsberg Breweries A/S v CSAPL (Singapore) Holdings Pte Ltd [2020] SGHC(I) 5 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 Ms Sapna Jhangiani QC Read More   RECENT EVENTS WEBINAR: Developments in Singapore Arbitration (19 May 2020) On 19 May 2020, Professor Lawrence Boo and Ms Christine Artero (The Arbitration Chambers, Singapore) delivered what has now become a traditional feature in the SIArb calendar: their talk on “Developments in Singapore Arbitration 2019”. This annual round up, which focuses in detail on the arbitration cases considered by the Singapore courts in the last calendar year, is a must for arbitration practitioners seeking to stay abreast of the latest developments in Singapore arbitration law. This was reflected in the 155 attendees for this year’s event. The big difference this year, however, was that those 155 people attended virtually, as the talk was delivered in webinar format - a first for SIArb’s CPD programme. Following the Singapore Government’s advice to avoid physical gatherings in order to control Covid-19, SIArb postponed this year’s talk from February, when it was originally scheduled. However, we were determined to ensure that Lawrence and Christine could deliver their talk on the rescheduled date in May, despite the Circuit-Breaker. Extreme situations often prompt innovation, as human beings find ways to adapt, and so it has been with Covid-19. The webinar format... Read More   Date ​ Event   28 July 2020 Accounting for Disputes: Getting the Most Out of Financial Statements in An Arbitration 20 August 2020 Non-Contractual Claims in Commercial Arbitration 9 September 2020 Incoterms 2020 - What Practitioners Need To Know      View our Past & Upcoming Events HERE announcements SIArb Committees 2020 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: Associates Colonel Dinesh Kumar Bishnoi Jenna Lim Jiawen Gary Chiam Ashane Joseph Waas Jayasekara Members Donna Ross Linda Lee Daniel Chia Farooq Ahmad Mann Wei Lim Ho Florian Mueller Fellows Kai Yun Wong Karen Ng Gek Suan Daniel Marug 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 (2019 - 2020) 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 (co-opted wef 9 Oct 2019)     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.

14 July 2020

Sapna Jhangiani QC specialises in international arbitration, and is called to both the English Bar and the Singapore Bar. She practised in London, New York and Dubai, before commencing practice in Singapore in 2011, where she is a Partner at Clyde & Co Clasis Singapore.

Sapna has managed cases spanning a number of industries under local and international sets of arbitration rules, including those of the ICC, SIAC, LCIA, SCMA, DIAC, DIFC-LCIA, AIAC, LMAA, HKIAC, and the UNCITRAL Rules. She has represented clients in arbitrations seated in Hong Kong, Singapore, Dubai, London, Paris and Mauritius, and governed by the laws of Singapore, London, PRC, Hong Kong, India, Myanmar, France, Malaysia, UAE, Korea and Mauritius, amongst others. Who's Who Legal has described her as "a top name for international arbitration in Singapore", and "a charming advocate, who is well respected within the arbitration fraternity."

Sapna is a Fellow of the Singapore Institute of Arbitrators, and a member of the SIAC Users' Council, the SCMA Procedure Committee, and the ICC Singapore Arbitration Group. In addition, she is a Fellow of the Chartered Institute of Arbitrators, and the Vice Chair of the Singapore branch. She holds an undergraduate degree from Oxford University and a diploma in international commercial arbitration from Queen Mary University London, in which she graduated with distinction.

Questions:

How would you describe yourself in three words?
Curious, tenacious, pragmatic

How did you first get involved in arbitration works?
I was a barrister litigating High Court matters in London, when my Canadian husband and I decided we wished to relocate outside the UK. I studied for a diploma in international commercial arbitration at Queen Mary University London and immediately found that international disputes was something I really enjoyed. In 2006, I commenced a role at my current firm in international arbitration in Dubai, and I have never looked back!

In the course of your work, do you notice a trend in clients preferring arbitration over litigation as a form of dispute resolution?
Absolutely. I have seen a significant increase in cross-border disputes generally in the last 15 years or so. For the majority of those disputes, parties prefer arbitration over litigation, and the proportion of cross-border disputes being resolved by arbitration continues to increase.

What is the most memorable arbitration or arbitration-related matter that you were involved in, and why? 
That's a tough question! Probably an arbitration from 7 years ago in which I was Lead Counsel, representing the Claimant. The Respondent refused to recognise the jurisdiction of the arbitrator – even though he had found that he had jurisdiction – so the Respondent attended the proceedings and opened with the words "You are not an arbitrator in this case, as far as we're concerned - you're just a man in a nice suit!" Although the Tribunal was indeed wearing a nice suit, it was not the opening line I was expecting.

What advice do you have for a young fellow practitioner interested in arbitration work?
My personal view is that it is very helpful to have some grounding and experience in litigation, as this can act as a useful point of reference for your arbitration practice.

What are the challenges you think arbitration practitioners will face in the upcoming years?
I think we will need to grapple with the increased use of technology in arbitrations, both to save costs and also to reduce the impact on the environment. We are seeing a revolution in the employment of virtual hearings, due to the Covid-19 situation, and I think that the results of that revolution will be lasting.

What advice do you have for a young fellow practitioner interested in developing a career as an arbitrator?
Your first appointments as an arbitrator are likely to come from institutions so you need to attract their attention as being a very capable and safe pair of hands for a possible appointment. Aiming for excellence as a practitioner in whatever field you are in will stand you in good stead, as will communicating your knowledge and experience of arbitration practice and procedure. This could be through published articles and seminars – even if you are simply posing insightful questions at such seminars, rather than presenting at them! - or through appearing as Counsel, expert or tribunal secretary in a case administered by the institution.

Who is the person(s) who has had the greatest impact and/or influence on your career?  
I have been blessed to have several fantastic mentors in my career who have encouraged me, influenced me, and believed in me. One of the most impactful has been my first pupilmaster at the English Bar, who is a brilliant, charismatic and tenacious lawyer, and now a dear friend. He is extremely successful but has never followed the rest of the pack, preferring to chart his own course and challenge the status quo. That takes real courage, which has always inspired me.

If you weren’t in your current profession, what profession would you be in?
I think I would have been a journalist, probably on television rather than in print.

What’s your guilty pleasure? 
A glass of Barossa Valley Shiraz with some dark chocolate – I believe that's two pleasures!

What is one talent that not many people know you have? 
Unfortunately my talents outside the law are somewhat limited, but I've been told that I'm not bad at karaoke!

Fill in the blank:  "Arbitration is to dispute resolution as Apple is to innovation"  

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