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 Professor Benjamin Hughes of Seoul National University

How and why did you make the switch to become a full time arbitrator?
I left my previous firm as of 1 March 2013, which ironically is Independence Day in Korea. I decided I wanted to sit as an arbitrator full time, which is very difficult to do at a large law firm due to conflicts. I really enjoy the work as arbitrator, and I wanted more independence, more control over my schedule and more time with my kids. Of course I have taken a financial hit, but it has been more than worth it.

What does it mean to be an honorary citizen of Seoul, Korea?
It’s an honor given by the mayor of Seoul, for which I am very grateful. I was jointly nominated in 2011 by the Korean Bar Association and the Korean Commercial Arbitration Board. I thought I might get some special privileges, like maybe the express line at the airport, but no such luck!

What is your favourite Korean dish?
My problem is that I love them all. First came to Korea in 1991, intending to stay for one year. People always assume that I stayed longer because of my wife, who is Korean, but we didn’t meet until five years later. The truth is I stayed for the food. Bulgogi, kimchi chigae, sundubu, doenjang chigae, bibimbap, bindaedeok, the list goes on and on. If you have not tried it, you must come visit Seoul.

What is a typical year for you - how do you divide your time between the different hats you wear and the different countries in which you practise?
I have been an independent arbitrator since 2013, but since March 2015 I have also been on the faculty at Seoul National University Law School, where I teach two courses per semester. Fortunately we have two very long breaks in the summer and winter, and many holidays in between, so scheduling overseas arbitration hearings has not been a problem. But I do spend a lot of time on planes and in airports…

What is the most memorable arbitration or arbitration-related matter that you were involved in, and why?  
That’s a tough one, as there are many memorable cases. I think every arbitrator remembers his or her first case. Mine was a small case in Korea, in which I was appointed chair and the language of the arbitration was supposed to be English. When we turned up for the hearing, however, counsel for Respondent could not proceed in English. So in addition to being nervous about conducting my first hearing as arbitrator, the parties agreed to proceed in Korean! We made it through, luckily, and the parties settled shortly after the hearing.

As an arbitrator, what in your view are the key qualities or traits an arbitration counsel should possess when representing a party?  
The ability to get to the heart of the matter. As Einstein said, keep things as simple as possible, but no simpler. Many arbitrations these days are cluttered with unnecessary procedural and even substantive arguments which do not assist the tribunal in resolving the dispute, but only cause expense and delay for the parties.

What advice do you have for a young fellow practitioner interested in developing a career as an arbitrator?
Find a good mentor. When I was trying to make this transition, many experienced arbitrators were incredibly kind and generous with their candid advice and guidance. I think all of us in this field have an interest in mentoring the next generation of arbitrators. Don’t be shy about approaching more senior arbitrators with questions or for advice. Most are delighted to share their experiences and expertise.

You speak English, Korean, Spanish and Chinese. Rank them in order of difficulty.
Well, for me obviously English is the easiest. But I have to admit that Spanish is the most approachable language for foreigners, and should probably be the world’s lingua franca rather than English. Chinese is also relatively easy for English speakers to learn, because the syntax is similar to English and the grammar is very simple. Korean is without doubt one of the most difficult languages in the world. The syntax is completely counterintuitive to English speakers, and the grammar is incredibly complex. Everything is conjugated, including verbs, adverbs and adjectives, and the culture of hierarchy and social relationships is built into the grammar and vocabulary. So, for example, just to ask someone if they have had lunch (a common greeting), there are three different verbs, three different nouns, and many different ways to conjugate, all of which will vary depending on your relationship to the person you are asking!

Would you rather win an Olympic medal, an Academy Award or the Nobel Peace Prize?  
Hmm… I suppose those of us in dispute resolution should say the Nobel Peace Prize. I once played a bit part in a Korean television drama, and I can assure you that I will never be nominated for an Academy Award!

Who would play you in a movie of your life?
Denzel Washington

Jason is the Head of the Litigation and Dispute Resolution Practice at De Souza Lim & Goh LLP. He obtained his LLM degree from University College, London. He was called to the Bar of England & Wales in 1982 and was admitted to the Singapore Bar in October 1983.

Jason was admitted as a Fellow of the Singapore Institute of Arbitration in 1999. He has been appointed by the SIAC and the ICC International Court of Arbitrators in both international and domestic arbitrations as sole arbitrator and as co-arbitrator since 2003.

How  would  you  describe  yourself  in  three  words?
'Just another lawyer'

In  the  course  of  your  work,  do  you  notice  a  trend  in  clients preferring arbitration over litigation as a form of  dispute resolution?
Yes, commercial lawyers in Singapore and the ASEAN countries are more ready and prepared to recommend arbitration to their clients as a preferred form of dispute resolution. It is evident in the number of cases being handled by the SIAC.

What  is  the  most  memorable  arbitration  or  arbitration-related matter that you were involved in, and why?
It was one of my earlier cases as counsel and I was engaged to represent an Indonesian corporation in a 'AAA' arbitration hearing in New York. The opposing party was a large defence contractor for the US government and they were represented at the hearing by a team of senior US Army officers each one in full army uniform. It was an extraordinary experience for me and the rest is, as they say, history.

What advice do you have for a young fellow practitioner interested in arbitration work?
Always accord to the Arbitral Tribunal the same degree of respect you would give to a Judge in Court proceedings. I would also encourage the younger practitioners to study the different legal systems in Asia.

What are the challenges you think arbitration practitioners will face in the upcoming years? 
I am afraid that the rising costs of arbitration may mean less work for all.

With  the  establishment  of  the  Singapore  International Mediation Centre and the introduction of the SIAC-SIMC Arb-Med-Arb  Protocol,  do  you  see  mediation  as  now  having a bigger role to play in assisting parties to resolve their disputes? 
Yes, certainly.

Who  is  the  person(s)  who  has  had  the  greatest  impact and/or influence on your career?
The late Mr Winston Chen Chung Ying (Winston passed away in 1999), he introduced me to arbitration work.

If you weren’t in your current profession, what profession would you be in?
A professional interviewer ?

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. Lok Vi Ming SC,  Managing Director of LVM Law Chambers LLC.

How  would  you  describe  yourself  in  three  words?
Never say Never. Things are usually not as final or as set as they may appear. A problem may not be quite as insurmountable; a party’s position may not be quite as set or unchangeable. A more careful review, a refreshing insight, a little creativity, a dash of patience, a moment of inspiration, and who knows? A solution emerges where others might have previously thought was simply not possible. Do not throw in the towel too quickly, or be set in a view, or trapped by convention. Think, listen, innovate.

How did you first get involved in arbitration work?
I guess I got swept along with the big wave towards arbitration which hit us at the turn of the millennium. I was fortunate to be involved in a huge multi national, multi million contractual dispute that was both intense and eye opening for me. The hearings took place in Singapore and in London. Other matters also took me to hearings in London and Hong Kong, and added a new international perspective to my work. And air miles too!

In  the  course  of  your  work,  do  you  notice  a  trend  in  clients preferring arbitration over litigation as a form of  dispute resolution?
I see a lot more arbitration cases today than even 5 years ago, that’s for sure. But I am not sure if that is necessarily the result of clients’ preference. Certainly the choice of Singapore as a seat or Singapore Law as the choice of Law might be down to the preference of parties, but the trend showing the rising popularity of arbitration as a form dispute resolution also reflects the rising globalisation of businesses. Where parties to a dispute are from 2 or more different jurisdictions, international arbitration still remains the only viable, internationally accepted and familiar option for dispute resolution.

What  is  the  most  memorable  arbitration  or  arbitration-related matter that you were involved in, and why?
There was one which involved documents spread over hundreds of arch files. Storage and easy access to the documents were a huge logistical challenge. Clients estimated it would be far more efficient and cost effective to book 2 suites in a 5 Star hotel, re fit them as an office, have the entire legal team work out from that office for the next 9 to 12 months, and then to reinstate them as hotel rooms when the case is over. That was exactly what they did. Out came the beds, cupboards, side tables, wardrobes, and in went the writing desks, office chairs, computer cables, fax machines and storage for hundreds and hundreds of arch files! We were there at the hotel for almost an entire year, and got to know many of the hotel receptionists, the doormen, the traffic warden, and room service attendants in the process! Of course, we also got much better acquainted with the documents and the facts of the case too!

What advice do you have for a young fellow practitioner interested in arbitration work?
I hear of some younger practitioners voicing unhappiness over long hours poring over documents in preparation for arbitration hearings. Such hearings, it is sometimes lamented, lack the cut and thrust of the more aggressive hearings and procedures of litigation in the Courts. There is some truth in such complaints, but I think it will be helpful to accept it as part of the training a young practitioner receives. One should keep in mind the big plusses which comes with involvement in arbitration work. For me, it includes working with lawyers from other countries and exposure to different approaches adopted by practitioners in Civil Law jurisdictions. The younger practitioners today are getting such exposure at an earlier stage of their careers than their predecessors did. That is a big bonus. Learning and adapting are part of the ever-evolving landscape in international arbitration. Learning to excel in such a vibrant and dynamic environment keeps us fresh, relevant and ready for the exciting challenges ahead.

What are the challenges you think arbitration practitioners will face in the upcoming years? 
The space in the international arbitration universe is today a lot more crowded than before. Every practitioner will have to compete against the very best, and the very best in the world are making their way here. The challenges are exciting, but the imperative to be hardworking, committed, creative, efficient and effective, more than ever before, has to be a part of the serious arbitration practitioner. There is a great advantage for a practitioner to be born in Spore, living and practising here. That however doesn’t give us a birthright to success as arbitration practitioners even if Spore continues to succeed as an arbitration or disputes resolution centre. The advantage we have is a passport that allows entry to the arbitration world, but there is a lot of hard work to be done to get to the point where we want to be.

With  the  establishment  of  the  Singapore  International Mediation Centre and the introduction of the SIAC-SIMC Arb-Med-Arb  Protocol,  do  you  see  mediation  as  now  having a bigger role to play in assisting parties to resolve their disputes? 
Certainly I do see mediation having a bigger role in Dispute Resolution in the immediate future. The SIAC-SIMC Arb-Med-Arb protocol provides parties with an easy interface as parties would already be in an arbitration, seamless as the protocol provides for mediation to be carried out in tandem with the arbitration, and very cost effective (both in terms of financial and time costs) double action ADR option as parties have the benefit of an enforceable award if the mediation is successful or otherwise continue with the arbitration if it is not. The procedural detour is a small one if the mediation is not successful, but the short cut resulting in costs savings and the attainment of an enforceable award are huge rewards if it is.

Who  is  the  person(s)  who  has  had  the  greatest  impact and/or influence on your career?
I can think of a few who have been particularly influential and inspirational, but would decline to name any one or two who have been particularly outstanding for fear of missing out on others who have been just as impactful for me. I can however say that I have been extremely fortunate to have met fellow lawyers and teachers who have demonstrated to me what grace is in the midst of the harshness and aggressiveness of practice, what steel is in the face of withering criticism and pessimism, what beauty the words of the English language can convey, and what power the creative and skilful advocate in Court can do. I have learned so much by just observing, and by being inspired.

If you weren’t in your current profession, what profession would you be in?
Medical practice. I was very interested in the sciences back in Spore, and had ambitions of medical practice in college.

What’s your guilty pleasure? 
Durians. Undeniably a fruit that gives pleasure with few equals. Why guilty? Because my wife has a strange but strong aversion to it. The slightest whiff of it administers potent assault to her sense of smell and well-being. So, if I take it, she’s miserable. If I don’t, I am.

What is one talent that not many people know you have? 
I am not so sure what qualifies to be a talent. I do not play any musical instruments, do not read any musical notes, and my friends believe I sing only to punish them. But a year ago, I took part in a song writing contest in my church and my entry took 2nd spot! I actually do think my entry was a rather decent piece, no doubt improved by the talent of the singer I had approached to perform the song. She did great! The event taught me 2 things. One, never say never. Two, I think sometimes I get it right spotting talent in others, and getting them to use that talent. Now, is that talent, I wonder?

Fill in the blank: “Arbitration is to dispute resolution as salt is to_______”
Sea-water? The 2 appear as one. You can, of course, separate salt from seawater. But then sea-water wouldn’t be the same without salt. So likewise, if arbitration is separated from dispute resolution.