SIArb Newsletter Issue 25 (20 March 2018)

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March 2018  (Issue No.25)
 
the president's column

PRESIDENT'S MESSAGE - March 2018

It has been an eventful start for the Singapore Institute of Arbitrators (SIArb) for 2018.
We continue to be blessed with leading arbitrators sharing their knowledge at our events. I had the privilege of Chairing Professor Lawrence Booӳ talk on the developments in Singapore Arbitration in January 2018.  It was an invigorating session with Prof Boo sharing his thoughts on landmark Singapore decisions such as Kingdom of Lesotho v Swissbourgh Diamond Mines (Pty) Limited & 8 othes [2017] SGHC 195 in which the Singapore High Court set aside an investor-state arbitration award.  February brought us an insightful session on Oil & Gas Arbitration by Mr Shourav Lahiri, Director, Lahiri LLC.  I encourage all of you to also attend the upcoming session on 28 March on The Anatomy of Concurrent Evidence or Witness Conferencing, aka "Hot Tubbing" Professor Leslie Chew will share with us the objective and mechanics of witness conferencing.

The Singapore International Arbitration Centre (SIAC) released stellar results for 2017 last week.  There has been a 32% increase in cases filed and it has truly become a global player in the arbitration space with disputing parties coming from not only Asia, but also the Middle East and Europe and the United States.  First and foremost, credit must go to the SIAC leadership and teams past and present for its continued success.  However, SIAC's success and its ability to continue succeeding is also driven by the underlying arbitration ecosystem that has been carefully nurtured over the years in Singapore.  Our judiciary has played an integral role in shaping the "Singapore brand" through the quality of its decisions relating to international arbitration.  The Arbitration Bar has also played an integral role by constantly striving to raise our standards of practice and Singapore Lawyers are more than holding their own against the best of international arbitration Lawyers.  Credit must also go to the Government in ensuring timely necessary changes to arbitration legislation and supporting the development of Maxwell Chambers.  Read More

Dinesh Dhillon
President,
SIArb 2017-2019

case LAW Developments

P v Q and others (No 2) [2017] 1 WLR 3823
By Tham Wei Chern, Selvam LLC

CASE LAW DEVELOPMENTS
There are no reported Singapore cases on arbitration during the period between the December 2017 newsletter and the production of this update. We therefore turn our attention in this issue outside of Singapore, and review the recent decision in the English case of P v Q and others (No 2) [2017] 1 WLR 3823.
P v Q and others (No 2) [2017] 1 WLR 3823
This is a decision of the English High Court in relation to the use of tribunal secretaries.

The Claimant in this case made an application to the English High Court to remove two co-arbitrators (the Ӽstrong>Respondentsԩ on an arbitral tribunal pursuant to section 24(I)(d)(i) of the English Arbitration Act 1996 for failing to properly conduct proceedings in relation to the use of a tribunal secretary (the Ӽstrong>Secretaryԩ to analyse submissions and draft procedural orders.
The Court dismissed the application, and held that such use of a tribunal secretary was not an improper delegation of the tribunalӳ decision making functions, and gave some guidance on the use of the tribunal secretaries. 
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. Jayems Dhingra,  Chartered Arbitrator.
Read More

 
Recent Events

Oil & Gas Arbitration (7 February 2018)

Participants of the seminar on oil and gas arbitration benefited from the generous sharing of knowledge and experience by our speaker, Mr. Shourav Lahiri, who covered a wide gamut of topics related to arbitration in the industry. Chaired by Mr. Naresh Mahtani, the session commenced with an introduction of the types of contracts and disputes that commonly arise in the oil and gas industry, with the oil and gas chain (upstream, midstream and downstream) forming the basic structure of the discussion. 
The examples of disputes and case law cited in the discussion also illustrated the fact that oil and gas disputes involve a wide range of expertise, including not just the expertise of arbitration counsel, but also technical experts with a range of specialties depending on the issues involved. As the speaker correctly pointed out, this is a highly technical area where cases may be won or lost on the understanding of technicalities.


Read More

Developments in Singapore Arbitration (18 January 2018)

Given Singapore's pre-eminent position as a leading international arbitration centre, the Singapore courts saw a constant stream of arbitration related matters in 2017. This included a rare case involving the setting aside of a BIT arbitration.
Chaired by Mr Dinesh Dillon of Allen and Gledhill, the talk on developments in arbitration in Singapore by Professor Lawrence Boo on 18 January 2018 was very well received.  


Read More

Upcoming Events
Date
Event
28 March 2018
26 April 2018
27 April 2018
08 May 2018
14 August 2018
Maritime Arbitration - Tips on Rules and Practices
18-19, 26-27, 29 October 2018
Fellowship Assessment Course
14 November 2018
SIArb Annual Dinner
15 November 2018
SIArb Symposium
 
      View our Past and Upcoming events HERE.
 
announcements
New Members
The Institute extends a warm welcome to the following members:
Associates
  • Colin Liew
Members
  • Donovan Cheah
  • Lim Shu Xie
  • Liu Nuan Nuan
  • R.V.S. Mani
  • Hari Gopala Krishna VIjapurapu
Fellows
  • Stephen Cheong
  • James Ding
  • Karim Khan QC
  • Kelvin Ng
  • Ng Chee Weng Max
  • Michael Pollen
  • Viviene Sandhu
  • Christopher Tan Teow Hin
  • Katie Men Yanling
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
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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.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

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