SIArb Newsletter Issue 24 (15 December 2017)

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December 2017  (Issue No.24)
the president's column


2017 has been a significant year for Arbitration in Singapore and for the SIArb. As the year comes to an end, it is a time not only to reflect and give thanks but also to recharge and prepare for 2018.
SIArb celebrated its 36th Anniversary with a memorable dinner at Aura, National Gallery on 1 November. The organisers of the dinner, led by Tan Weiyi and assisted by our secretariat, Intellitrain repeated the success of last year’s dinner at the same venue. We thank our Guest of Honour, Mr VK Rajah SC, for his insights on the important issue of ethics in International Arbitration which has given us much food for thought. We also just concluded an excellent Symposium on 16 November at the iconic Old Parliament House. Kudos to Tay Yu-Jin and his committee on a sterling job done.

2017 saw Singapore implement legislation to allow third party funding for international arbitration. SIArb introduced guidelines for third party funders after a public consultation. These guidelines are on our website and to-date, 6 established funders have publicly expressed their support and endorsement for these guidelines. I would like to thank my fellow working group members, Chan Leng Sun SC, Tay Yu-Jin and Sapna Jhangiani for their invaluable assistance on these guidelines. Another SIArb Working Group comprising Chan Leng Sun SC, Mohan Pillay, Rian Mathews and Adriana Uson have recently completed draft guidelines on party representative ethics. Arbitration is ultimately but a process where the ultimate objective is justice. Ethics are integral to this end objective. These guidelines are presently in the public consultation phase. We welcome your views on the draft guidelines. Read More

Dinesh Dhillon
SIArb 2017-2019

case LAW Developments

BNX v BOE and another matter [2017] SGHC 289;
By Wynne Tay - Associate, MPillay

In this issue, we discuss three decisions, as follows:

-  BNX v BOE and another matter [2017] SGHC 289;
- BNP and another v BNR [2017] SGHC 269; and
- Prometheus Marine v Pte Ltd v King, Ann Rita and another appeal [2017] SGCA 61.

BNX v BOE and another matter [2017] SGHC 289

This High Court decision concerns an application by the plaintiff under s 48 of the Arbitration Act (Cap 10, 2002 Rev Ed) (the "AA") to set aside an arbitral award and an application by the defendant to strike out the plaintiff's separate action in the High Court under O 18 r 19 of the Rules of Court. The Court dismissed the plaintiff's setting-aside application and allowed the defendant's striking-out application. An appeal by the plaintiff against the High Court's decision on both applications is currently outstanding.

While the judgment applied and reaffirmed many well-settled principles on the setting-aside of arbitral awards, it also made several interesting observations which are worth noting. This case further involved the interesting situation where the plaintiff brought a separate action which the defendant sought to strike out.

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 Professor Benjamin Hughes of Seoul National University.
Read More

Recent Events

Ethical Issues for Arbitrators And Party-Representatives (10 October 2017)

The issue of ethics in international arbitration poses complex uncertainties, both in terms of the content of substantive ethical rules applicable to arbitrators and counsel, and enforcement. Gary Born began the session by exploring whether there is a need to subject arbitrators to professional conduct rules for counsel, given that the parties’ arbitration agreement already imposes a number of ethics-related contractual obligations on the arbitrator, such as the obligation to act independently and impartially, confidentiality obligations, etc
Read More

Fellowship Assessment Course 2017 (FAC) (19, 20, 27, 28, 30 October 2017)

A Fellowship Assessment Course (“FAC”) was held on several days during the period 20 to 30 October 2017 this year with 36 participants from a range of backgrounds, including practising lawyers, engineers, architects and businessmen, from Singapore as well as various other countries.
Read More

36th Anniversary Annual Dinner (1 November 2017)

On 1 November 2017, SIArb hosted its 36th anniversary dinner at Aura, Sky Lounge, National Gallery Singapore. This is the second time that the annual anniversary dinner was held at Aura within the iconic former City Hall building after excellent reviews from last year’s attendees.
Read More

SIArb Commercial Arbitration Symposium 2017 & Launch of Third Party Funding Guidelines (16 November 2017)

This year’s Commercial Arbitration Symposium of the Singapore Institute of Arbitrators produced lively and informative debate on a broad range of current topics. The ninth annual symposium was again held in the atmospheric surroundings of the Old Parliament House, and this year attracted the participation of a record number of arbitration practitioners, ranging from enthusiastic young practitioners to seasoned arbitrators, experts and counsel.
Read More

Upcoming Events
18 Jan 2018
7 Feb 2018
28 March 2018
      View our past and Upcoming events HERE.

New Members
The Institute extends a warm welcome to the following members:
  • Kenneth Tan
  • Geeta Thakera
  • Gabriel Wong
  • Hai Meng Eu
  • Abdul Salim Ahmed Ibrahi
  • Kang Yin
  • Kewee Kho
  • Jingsi Alexis Ang
  • Kannappan Chettiar
  • Mohammad Abu Sayeed
  • Mohammad Abu Sayeed Chowdhury
  • Dason Raj SelvaRaj
  • Poh Huat Lee
  • Venugopala Rao Viswanadha
  • Ervin Stewart Koa Tan
  • Ai Choo Tan
  • Kua Moon Yin
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
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

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

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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.


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