14 July 2020
Sapna Jhangiani QC specialises in international arbitration, and is called to both the English Bar and the Singapore Bar. She practised in London, New York and Dubai, before commencing practice in Singapore in 2011, where she is a Partner at Clyde & Co Clasis Singapore.
Sapna has managed cases spanning a number of industries under local and international sets of arbitration rules, including those of the ICC, SIAC, LCIA, SCMA, DIAC, DIFC-LCIA, AIAC, LMAA, HKIAC, and the UNCITRAL Rules. She has represented clients in arbitrations seated in Hong Kong, Singapore, Dubai, London, Paris and Mauritius, and governed by the laws of Singapore, London, PRC, Hong Kong, India, Myanmar, France, Malaysia, UAE, Korea and Mauritius, amongst others. Who's Who Legal has described her as "a top name for international arbitration in Singapore", and "a charming advocate, who is well respected within the arbitration fraternity."
Sapna is a Fellow of the Singapore Institute of Arbitrators, and a member of the SIAC Users' Council, the SCMA Procedure Committee, and the ICC Singapore Arbitration Group. In addition, she is a Fellow of the Chartered Institute of Arbitrators, and the Vice Chair of the Singapore branch. She holds an undergraduate degree from Oxford University and a diploma in international commercial arbitration from Queen Mary University London, in which she graduated with distinction.
Questions:
How would you describe yourself in three words?
Curious, tenacious, pragmatic
How did you first get involved in arbitration works?
I was a barrister litigating High Court matters in London, when my Canadian husband and I decided we wished to relocate outside the UK. I studied for a diploma in international commercial arbitration at Queen Mary University London and immediately found that international disputes was something I really enjoyed. In 2006, I commenced a role at my current firm in international arbitration in Dubai, and I have never looked back!
In the course of your work, do you notice a trend in clients preferring arbitration over litigation as a form of dispute resolution?
Absolutely. I have seen a significant increase in cross-border disputes generally in the last 15 years or so. For the majority of those disputes, parties prefer arbitration over litigation, and the proportion of cross-border disputes being resolved by arbitration continues to increase.
What is the most memorable arbitration or arbitration-related matter that you were involved in, and why?
That's a tough question! Probably an arbitration from 7 years ago in which I was Lead Counsel, representing the Claimant. The Respondent refused to recognise the jurisdiction of the arbitrator – even though he had found that he had jurisdiction – so the Respondent attended the proceedings and opened with the words "You are not an arbitrator in this case, as far as we're concerned - you're just a man in a nice suit!" Although the Tribunal was indeed wearing a nice suit, it was not the opening line I was expecting.
What advice do you have for a young fellow practitioner interested in arbitration work?
My personal view is that it is very helpful to have some grounding and experience in litigation, as this can act as a useful point of reference for your arbitration practice.
What are the challenges you think arbitration practitioners will face in the upcoming years?
I think we will need to grapple with the increased use of technology in arbitrations, both to save costs and also to reduce the impact on the environment. We are seeing a revolution in the employment of virtual hearings, due to the Covid-19 situation, and I think that the results of that revolution will be lasting.
What advice do you have for a young fellow practitioner interested in developing a career as an arbitrator?
Your first appointments as an arbitrator are likely to come from institutions so you need to attract their attention as being a very capable and safe pair of hands for a possible appointment. Aiming for excellence as a practitioner in whatever field you are in will stand you in good stead, as will communicating your knowledge and experience of arbitration practice and procedure. This could be through published articles and seminars – even if you are simply posing insightful questions at such seminars, rather than presenting at them! - or through appearing as Counsel, expert or tribunal secretary in a case administered by the institution.
Who is the person(s) who has had the greatest impact and/or influence on your career?
I have been blessed to have several fantastic mentors in my career who have encouraged me, influenced me, and believed in me. One of the most impactful has been my first pupilmaster at the English Bar, who is a brilliant, charismatic and tenacious lawyer, and now a dear friend. He is extremely successful but has never followed the rest of the pack, preferring to chart his own course and challenge the status quo. That takes real courage, which has always inspired me.
If you weren’t in your current profession, what profession would you be in?
I think I would have been a journalist, probably on television rather than in print.
What’s your guilty pleasure?
A glass of Barossa Valley Shiraz with some dark chocolate – I believe that's two pleasures!
What is one talent that not many people know you have?
Unfortunately my talents outside the law are somewhat limited, but I've been told that I'm not bad at karaoke!
Fill in the blank: "Arbitration is to dispute resolution as Apple is to innovation"