Newsletters

PRESIDENT'S MESSAGE

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:

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)

Having trouble reading this email? View it in your browser. Not interested anymore? Unsubscribe Instantly.   14 September 2018 (Issue No. 27)   the president's column PRESIDENT'S MESSAGE - September 2018 Time has flown by and the end of 2018 will soon be upon us. It is thus opportune to reflect on some of our initiatives this year and the road ahead. Education and Training is a core function of SIArb and it has as always been an eventful year. The Committee chaired by Naresh Mahtani conducted the International Entry Course (“IEC”) on 27, 28 & 30 April 2018 and 40 participants passed the examination. The next Fellowship Assessment Course (“FAC”) is scheduled for 18, 19, 26, 27, 29 October 2018. Course Director Leslie Chew SC will be introducing some fresh changes to the course syllabus, with an increased emphasis on practice sessions in addition to the award-writing component. The Singapore Chamber of Maritime Arbitration (“SCMA”) has also been in talks with us on a potential collobation on holding a course on accreditation for maritime arbitrators in 2019. SIArb presently administers arbitrations conducted under two such schemes, namely the Committee for Private Education (“CPE”) Mediation-Arbitration Scheme, and the Council for Estate Agencies (“CEA”) Dispute Resolution Scheme. The arbitration rules for the CPE Mediation-Arbitration Scheme were revised and put into effect in April 2018. The Committee also seeks to promote scheme arbitrations in other areas and industries and to expand the number of schemes to be administered by SIArb in partnership with other organizations and bodies. The Committee led by Chia Chor Leong is presently pursuing initiatives to develop scheme arbitrations for disputes in the areas of telecommunications, commerce and sports. The next Regional Arbitral Institute Forum (“RAIF”) Conference will be hosted by the Indonesian Arbitrators Institute (IArbI) in Jakarta on 28-29 November 2018. Details of this event are on our website... Read More Dinesh Dhillon President, SIArb 2017-2019 case law developments China Machine New Energy Corp v Jaguar Energy Guatemala LLC & Anor [2018] SGHC 101 By Justin Gan, Sarah Kuek – Stephenson Harwood (Singapore) Alliance This is the first Singapore case to discuss confidentiality protections concerning document production in the arbitration context. It also discusses (a) the effect of an agreement for arbitration to be conducted within a short fixed timeframe and natural justice considerations, (b) whether there is an implied duty of good faith in arbitration, and (c) whether an arbitral tribunal is under a duty to investigate allegations of corruption. Read More Sanum Investments Limited v ST Group Co, Ltd and others [2018] SGHC 141 By Wynne Tay – MPillay This case concerns one of many applications taken out in respect of the enforcement of an award dated 22 August 2016 (the "Award") issued in relation to an arbitration administered under the auspices of the Singapore International Arbitration Centre ("SIAC"). The application before the court was for the refusal of enforcement of the Award under Article 36(1) of the UNCITRAL Model Law on International Commercial Arbitration ("Model Law") contained in the First Schedule of the International Arbitration Act (the "IAA"). The Court dismissed the application as against three out of the four applicants. The judgment is interesting not least because the facts concern a multi-party situation while involving a multi-tiered dispute resolution clause. Additionally, the Court also considered the principles relevant to the refusal of enforcement of award under Art 36(1)(a)(iv) of the Model Law where the arbitration was wrongly seated. Read More   in the hot seat! Johnny was appointed sole arbitrator in over 100 cases in both domestic and international arbitration. He is on the panel of arbitrators of several arbitration centres including Singapore International Arbitration Centre (SIAC), Hong Kong International Arbitration Centre (HKIAC), Dubai International Arbitration Centre (DIAC), Kuala Lumpur Regional Centre for Arbitration (KLRCA), South China International Economic and Trade/Arbitration Commission/Shenzhen Court of International Arbitration (SCIA), London Court of International Arbitration (LCIA), Indian Institute of Arbitrators and Mediators (IIAM), Russian Arbitration Centre at the Russian Institute of Modern Arbitration (RIMA) formerly known as the Moscow Institute of Arbitrators, Singapore Institute of Arbitrators (SIArb), and Singapore Institute of Architects (SIA). Read More     Recent Events Maritime Arbitration – Tips on Rules and Practices (14 August 2018) Speakers: Mr. Andrew G Moran QC, Mr. Prem Gurbani Chair: Mr. Lawrence Teh Two senior arbitrators Mr Prem Gurbani and Mr Andrew Moran QC spoke on maritime arbitration and their experiences, to a full audience of practitioners and other arbitrators. The session was chaired by Mr Lawrence Teh, Senior Partner at Dentons Rodyk. Mr Moran QC discussed the new LMAA Terms, explaining the rationale behind the changes and how some reflected changes in attitude in London maritime arbitration. He also took the audience through a comparison with the present SCMA Rules. At the end of his section, Mr Moran QC revealed that he was to chair the SCMA Procedure Committee looking into potential revisions to the SCMA Rules. Mr Gurbani provided an overview of the differences arbitrating ad hoc, under the SIAC Rules (2016), and the SCMA Rules (2015). Points that stood out included the availability of small claims procedures under the SCMA Rules, and emergency arbitrator procedures under the SIAC Rules. There was brief mention of instances where a party's arbitrator nomination is not accepted by the SIAC - for example where the nominee already has a heavy caseload. Read More   Focus on Commodities, Minerals and Energy Arbitration (26 July 2018) Speakers: Mr. Joseph Lopez, Mr. Ben Lawson Chair: Mr. Andrew Pullen The seminar on “Focus on Commodities, Minerals and Energy Arbitration was held on 26 July 2018 at The Central (Clarke Quay). The opening remarks were given by Mr Andrew Pullen, a seasoned barrister at Fountain Court Chambers. This was followed by a panel discussion by Mr Joseph Lopez, Partner in Joseph Lopez LLC, and Mr Ben Lawson, Chief Operating Officer of PT. Sanaman Coal International. The panel discussion was extremely insightful for practitioners and clients alike. Mr Lopez and Mr Lawson both boast an impressive CV with vast experience in the coal and mining industry, and are extremely knowledgeable in their respective practices. They were thus able to provide the audience with invaluable practical pointers on the issues frequently faced in commodities, minerals and energy arbitrations. The panellists’ use of practical illustrations was also extremely helpful in helping to elucidate more complex points. Read More Upcoming Events Date ​         Event ​         20 September 2018   Interlocutory Applications in International Arbitration   25 September 2018   Pre-AGM Seminar: The “New” 2017 ICC Rules of Arbitration - A Year On    25 September 2018 SIArb Annual General Meeting 2018 03 October 2018 Quantifying Damages – A Framework for Analysis  18-19, 26-27, 29 October 2018 Fellowship Assessment Course 2018 (FAC) 14 November 2018 37th Anniversary Annual Dinner 15 November 2018 SIArb Commercial Arbitration Symposium 2018 22 November 2018 Singapore Arbitrators - How Can They Remain Relevant In A Changing Regional Services Market (22 November 2018) 06 December 2018 A Debate on the Motion "This house believes that computers will replace arbitrators within 25 years" 24 Jan 2019 Party-Representative Ethics – Giving Bite to Ethical Rules View our Past & Upcoming Events HERE announcements Call for Expressions of Interest for Assistant Editors You may recall that members were consulted on an initiative to publish a journal on Singapore arbitration at the 36th Annual General Meeting on 28 September 2017. Following the positive support received for the concept, Mr. Mohan Pillay and Mr. Yeo Boon Tat were asked to spearhead this special project. Council is pleased to inform members that we are now concluding discussions with a publisher to co-publish the journal, and are also in process of forming the editorial team for the arbitration journal. Given this is a SIArb publication, Council is keen for members to have an opportunity to contribute to this special project. We therefore invite expressions of interest from suitably qualified members for the position of Assistant Editors for the arbitration journal. Read More New Members The Institute extends a warm welcome to the following members: Associates Bumal Murchoyea Members Ho Kim May Ang Wee Jian Al Joseph Cedeño Yong Neng Chan Cheong Mun Juen Renuka Karuppan Chettiar Choo Zheng Xi Doan Thuan Hai Gan Wee Hooi Kwang Ming Hua Li Siling Colin Liew Lim Wee Liang Loke Mun Wai Andrew James Love Peng Kong Luke Meera Rajah Peck Shan Ren Ananya Pratap Singh Dinesh Natarajan Venkatesh Gunawan Widjaja Ang Si Yi Joerg Schappei Benjamin Tham Kenneth Tan Fellows Tony Budidjaja Jeffrey Chan Daniel Reback Michael Lee Neo Xing Hui, Esther 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 (2017 - 2018) Publications Committee President     Dinesh Dhillon Vice President Tay Yu-Jin Honorary Secretary Naresh Mahtani Honorary Treasurer Mohan R Pillay Immediate Past President Chan Leng Sun S.C. Council Members Chia Chor Leong (co-opted wef 5 Oct 2017) Chia Ho Choon Francis Goh Siong Pheck Adrienne Louise Beatrice Kouwenhoven (co-opted wef 5 Oct 2017) Andrew Pullen Tan Weiyi Yeo Boon Tat Chair Yeo Boon Tat Committee Members Adolf Peter Eric Chew David K K Chung Fayth Huinan Kuah Gan Boon Eng Justin Lim Hseng Iu Rian Matthews Gan Kam Yuin Tham Wei Chern 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 26 (12 June 2018)

Having trouble reading this email? View it in your browser. Not interested anymore? Unsubscribe Instantly.   June 2018 (Issue No. 26)   the president's column 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. Read More Dinesh Dhillon President, SIArb 2017-2019 case law developments (1) Hilton International Manage (Maldives) Pvt Ltd v Sun Travels & Tours Pvt Ltd [2018] SGHC 56, and (2) Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services (Private) Limited [2018] SGHC 78 By Justin Gan, Sarah Kuek and Tan Yi Lei – Stephenson Harwood (Singapore) Alliance The last quarter has seen a number of arbitration decisions reported. We focus on 2 decisions in this edition of the newsletter - Hilton International Manage (Maldives) Pvt Ltd v Sun Travels & Tours Pvt Ltd [2018] SGHC 56 - Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services (Private) Limited [2018] SGHC 78 Read More articles Party Representatives And Ethics In International Arbitration By Chew Yee Teck, Eric - ECYT Law LLC I. INTRODUCTION OF SIARB DRAFT GUIDELINES 1. In the absence of a universally-applicable code for ethics in international arbitration, members of the Singapore Institute of Arbitrators (“SIArb”) Working Group drafted the Singapore Institute of Arbitrators Guidelines on Party-Representative Ethics Consultation Paper (the “Guidelines”) to address concerns on Party Representatives’ conduct in such proceedings. Read More How Arbitral Tribunals Deal With Jurisdictional Objections In Practice – To Bifurcate Or Not, And Court Review Of Jurisdictional Objections By Albert Monichino Q.C A. Introduction The present paper shall address two separate but related topics: (a) first, how arbitral tribunals deal with jurisdictional objections in practice; and   Read More   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. David L. Kreider. Read More     Recent Events Construction Dispute Resolution – Managing the Process: A Discussion about Best Practices (8 May 2018) Speakers: Mr. Edwin Lee, Mr. Ho Chien Mien, Mr. Eugene Tan Chair: Mr. Mohan Pillay Four Senior Accredited Specialists in Building and Construction Law came together on 8 May 2018 to share their experiences in managing construction disputes and explore best practices.  Chaired by Mr Mohan Pillay, the seminar started off with a discussion by Mr Edwin Lee about the importance of Scott and Redfern Schedules in facilitating efficient organisation of information in large, complex construction disputes, which often involve voluminous sets of information and documents.  Mr Ho Chien Mien then spoke about experts – a common feature in most construction disputes – and how to use them efficiently in legal proceedings. This included issues ranging from the choice of experts, to how best to present expert evidence particularly in the context of “hot-tubbing” during proceedings.   Read More     The Anatomy of Concurrent Evidence or Witness Conferencing, aka ‘Hot Tubbing’ (28 March 2018) Speaker: Prof Leslie Chew, SC Chair: Mr. Chia Chor Leong The Anatomy of Concurrent Evidence or Witness Conferencing, aka ‘Hot Tubbing’ seminar was held on 28 March 2018 at The Central (Clarke Quay). The seminar was chaired by Mr. Chia Chor Leong and the guest speaker was former District Court Judge, Professor Leslie Chew, SC. Not only did Professor Chew give a broad and robust lecture on the nature, effectiveness and operation of ‘witness conferencing’, he also gave his own pointers about how a fact-finder could apply 'witness conferencing' to greater effectiveness in court and in arbitration hearings. Read More   Upcoming Events   Date   Event   26 July 2018   Focus on Commodities, Minerals and Energy Arbitration   14 August 2018 Maritime Arbitration - Tips on Rules and Practices 20 September 2018 Focus on Interlocutory Applications in Arbitrations 25 September 2018   Annual General Meeting   03 October 2018 Fraud Investigations – Tracing Assets and Identifying Beneficial Owners 18-19, 26-27, 29 October 2018 Fellowship Assessment Course 14 November 2018 37th Anniversary Annual Dinner 15 November 2018 SAVE THE DATE! SIArb Commercial Arbitration Symposium 2018  View our Past & Upcoming Events HERE announcements New Members The Institute extends a warm welcome to the following members: Associates Sarah Por Foo Wen Qi Sandeep Chinnobaiah Annia Hsu Kawal Pal Singh Members Lee Ke Jin Anish Wadia Janice Tay Danna Er Sharon Lin Jenny Teo Fellows Aurill Kam Andrew Moran Ashok Kumar Rai Muhammad Farook Fahmita Parveen Kapil Chaudhary Christopher Boog Wee Yu Yen Michael Cover Han Juat Jong Kandy King Chi Chan 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 (2017 - 2018) Publications Committee President     Dinesh Dhillon Vice President Tay Yu-Jin Honorary Secretary Naresh Mahtani Honorary Treasurer Mohan R Pillay Immediate Past President Chan Leng Sun S.C. Council Members Chia Chor Leong (co-opted wef 5 Oct 2017) Chia Ho Choon Francis Goh Siong Pheck Adrienne Louise Beatrice Kouwenhoven (co-opted wef 5 Oct 2017) Andrew Pullen Tan Weiyi Yeo Boon Tat Chair Yeo Boon Tat Committee Members Adolf Peter Eric Chew David K K Chung Fayth Huinan Kuah Gan Boon Eng Justin Lim Hseng Iu Rian Matthews Gan Kam Yuin Tham Wei Chern 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

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.