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)
|
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"
01 Jul 2024 SIArb Young Practitioners Network Mentoring Programme 2024 |
29 Aug 2024 - 29 Aug 2024 03:00PM - 07:00PM A Masterclass in Mediation Advocacy |
09 Oct 2024 - 09 Oct 2024 05:30PM - 07:15PM SIArb Lecture 2024 |
18 Oct 2024 - 19 Oct 2024 08:00AM - 12:00AM [IN-PERSON] SIArb Fellowship Assessment Course 2024 |
Site designed and maintained by Intellitrain Pte Ltd. Copyright © Singapore Institute of Arbitrators. All rights reserved.