21 December 2018
How would you describe yourself in three words?
Passionate, conscientious and private.
How did you first get involved in arbitration work?
I first got involved in arbitration works through SIA’s nomination as arbitrator in the year 2002 when I was in the Panel of Arbitrators.
In the course of your work, do you notice a trend in clients preferring arbitration over litigation as a form of dispute resolution?
The trend has since changed in the recent years when arbitration appears to be taking longer than expected and also less cost effective as compared with the efficient court process and the Statutory Adjudication under SOPA. However, the arbitration clause in the contract agreement and the nature of confidentiality remains the key factor in the consideration of arbitration amongst the parties.
What is the most memorable arbitration or arbitration related matter that you were involved in, and why?
My most memorable arbitration matter is a case between the Main Contractor and the Sub-Contractor when I was nominated by SCAL to be the sole arbitrator to hear the parties disputes in Jan 2014.
Main Contractor (Claimant) |
Sub-Contractor (Respondent) |
Lawyer handling case had decided to discontinue due to ill health and a new lawyer was appointed in early Dec 2015. |
The Counsel had informed that the Respondent was in voluntary liquidation in mid 2015 and all actions were devolved to an appointed liquidator. |
Lawyer had difficulties in finding factual witnesses and experts to give evidence. |
By mid Oct 2015, the appointed liquidator informed the Tribunal that the Respondent would be discontinuing with the arbitration proceedings due to insufficient funds. |
It took me more than 4 years to reach an expartite hearing and publish an award.
What advice do you have for a young fellow practitioner interested in arbitration work?
Must have passion in arbitration plus plenty of patience and balance of the mind to ensure the timely resolution of the disputes.
What are the challenges you think arbitration practitioners will face in the upcoming years?
The challenges the arbitration practitioners will face these days are that disputed issues have become more complex and complicated and the stake is high. Much longer time is needed to sort out all the disputed issues by going through large volume of documents and information. A systematic and disciplined approach is required to achieve an effective job.
With the establishment of the Singapore International Mediation Centre and the introduction of the SIAC-SIMCArb-Med-Arb Protocol, do you see mediation as now having a bigger role to play in assisting parties to resolve their disputes?
Yes, I think so. Parties intending to settle amicably would find mediation a good platform to iron out their differences and achieve a resolution.
Who is the person(s) who has had the greatest impact and/or influence on your career?
There are two persons who have had the greatest impact and/or influence on my pursuance of arbitration works.
The first is the late Mr C S Wu, a well-known construction lawyer in the 80s who represented the Board of Architects as legal adviser on a disciplinary case with me as one of the three Board Members to hear the case. His competency in conducting the hearing have helped me to open up a path of interest in managing a case.
The second is the late Mr Raymond Kuah L H, a founding member of SIARB. He too had inspired me to pursue the arbitration works and had given me a great deal of guidance and support to do so.
If you weren’t in your current profession, what profession would you be in?
I would still be passionately practising as an architect and fire safety consultant.
What’s your guilty pleasure?
Overseas travel to exotic places.
What is one talent that not many people know you have?
I have acquired a private pilot licence whilst serving as a Cadet Pilot in the then University Air Squadron during the period of 1970 and 1972.
Fill in the blank: “Arbitration is to dispute resolution as salt is to health”
PRESIDENT'S MESSAGE
DECEMBER 2018
2018 has been a significant year for Arbitration in Singapore and for the SIArb. It is an opportune time to take stock and look ahead to 2019.
SIArb celebrated its 37th Anniversary with a fabulous dinner on 14th November at Aura, National Gallery. We thank our Guest of Honour, Senior Minister of State for Law and Health, Mr Edwin Tong SC, for his insights on Singapore’s role in an ever changing global economic landscape. I encourage members who missed the dinner to read his full speech HERE.
We also just concluded the 10th SIArb Symposium on 15th November which has now become synonymous with the iconic Old Parliament House. It was a lively house filled with much discussion, enthusiasm and passion for cutting edge issues in international arbitration. The Symposium has developed into a key platform for showcasing thought leadership and kudos must go to Vice President Tay Yu-Jin and his committee on the excellent event.
Singapore continues to climb the league ladder in the International Arbitration “Champions League”. The latest Queen Mary University of London Survey released on 9 May 2018 reported that Singapore is the third most preferred seat worldwide, after London and Paris, and ahead of Hong Kong, Geneva, New York and Stockholm. This is a significant achievement but we certainly cannot afford to rest on our laurels. With such a position, expectations will increase and Singapore must step up to play its part in terms of thought leadership in the global international arbitration space. SIArb will continue to play its role through our training programs. We recently worked with the Singapore Academy of Law (“SAL”) on a training program for budding arbitrators in Qatar. We are also particularly excited about the Singapore Arbitration Journal which will be launched in 2019.
SIArb on 28 April 2018 issued the Guidelines on Party Representative Ethics to distil the overarching principle that Party Representatives, in advising, and representing their client, should at all times act with honesty, integrity and professionalism, both with respect to their client and the Tribunal. Credit must go to the Working Group comprising Chan Leng Sun SC, Mohan Pillay, Rian Mathews and Adriana Uson.
Parliament on 9 Jan 2018 passed a bill that paves the way for the Singapore International Commercial Court (‘SICC”) to hear matters under the International Arbitration Act (“IAA”). With effect from 1 Nov 2018, the Supreme Court of Judicature Act 2018, in Section 18D (2) that “The Singapore International Commercial Court (being a division of the High Court) has jurisdiction to hear any proceedings relating to international commercial arbitration that the High Court may hear…” This is a positive step that provides end users access to an international bench of top Judges to hear matters under the IAA. Some may question whether the SICC is competing with International Arbitration stakeholders in terms of the substantive disputes it hears. I am of the view that the SICC complements and in fact further promotes Singapore as a choice venue for international dispute resolution. The success of the London Commercial Court has in no way prevented London from being the leading seat in international arbitration. I believe that the presence of the SICC as a “competing” option only serves to make us ensure that the arbitration offering in Singapore is the very best. Furthermore, the reality is there will always be end users who may prefer a court option as opposed to arbitration. Hence, the SICC is integral to Singapore’s development as a world class dispute resolution hub as end-users know that this avenue is available in Singapore.
Finally, I am happy to introduce you the new Chairs of the various SIArb Committees:
Committee
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Chair
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Activities
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Mr Andrew Pullen
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Arbitration Bar
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Mr Tay Yu-Jin
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Continuing Professional Development (CPD)
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Mr Francis Goh
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Education & Training
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Mr Chia Chor Leong
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Publications & Website
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Mr Yeo Boon Tat
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Membership
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Mr Tay Yu Jin
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Panel Arbitrators Review
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Mr Chia Ho Choon
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Scheme Arbitration
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Mr Chia Chor Leong
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I encourage all members to participate in the numerous projects and programmes of SIArb, whether as Committee members or on ad hoc basis.
I wish all of you the very best wishes for this holiday season and the very best for 2019.
SIArb Newsletter Issue 27 (14 September 2018)
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SIArb Newsletter Issue 26 (12 June 2018)
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PRESIDENT'S MESSAGE
JUNE 2018
As at the time of my writing this, it is back on again! I am talking about the much anticipated meeting between President Donald Trump and Supreme Leader Kim Jong Un. Regardless of whether or not the meeting actually takes place, the choice of Singapore as the venue is worth reflecting on. Why is this relevant to international arbitration? I believe the factors that led to Singapore being chosen for this historic meeting is a reflection of the Singapore brand values that have shaped Singapore into being leading seat for global dispute resolution. Singapore was chosen because of its neutrality, safety, reliability, integrity, efficiency, excellence and openness. Singapore’s commitment to being a good host is further reflected by Minister of Defence, Ng Eng Hen’s stating that Singapore will willingly bear some of the costs of the planned summit.
It is such commitment to these Singapore “brand values” that will ensure Singapore keeps making strides in international arbitration. At the recently concluded SIAC Congress, Chief Justice Sundaresh Menon mentioned that one of the challenges was to ensure a constant pipeline of trained and future-ready practitioners. SIArb will continue to play its part through its membership and fellowship programs. We will review our curriculum to ensure it is world class. In this regard, we welcome input and feedback from you, our members – let us know what you think can be done better or differently and we will be committed to considering all options.
It is already June and another World Cup is upon us. We have had the good wisdom not to compete with FIFA for your attention so our next event is the Focus on Commodities, Minerals and Energy Arbitration on 26 July which will feature a panel discussion with International Arbitration lawyer, Joseph Lopez and Ben Lawson, the COO of PT Sanaman Coal International. Following this, we will have a session on Maritime Arbitration featuring talks by Andrew Moran QC and Prem Gurbani. Also, don’t miss out on our Annual Dinner on 14 November 2018 at Aura. We have just confirmed incoming Senior Minister of State for Law and Health, Mr Edwin Tong as our guest of honour.
Another date you should mark on your diary is 28 November when Jakarta will be hosting the Regional Arbitral Institutes Forum (“RAIF”). SIArb is a member of RAIF and I strongly encourage members to attend as it is a great opportunity to strengthen relationships with our regional partners and learn more about international arbitration in our region. We will provide information to members as it becomes available.
Here’s to wishing and hoping for a successful outcome to the Trump-Kim summit, an outcome that will promote greater peace and prosperity for Asia and particularly for the North Korean people.
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 |
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