ARTICLES
RECENT EVENTS
This issue looks at two recent Singapore Court decisions:
a. Gulf Hibiscus Ltd v Rex International Holding Ltd and another [2017] SGHC 210 This case involves a stay of court proceedings in favour of arbitration, as the matters raised in court proceedings fell within the ambit of an arbitration clause.
b. GD Midea Air Conditioning Equipment Co Ltd v Tornado Consumer Goods Ltd and another matter [2017] SGHC 193This case involves the Court setting aside an arbitral award on various grounds:
- Tribunal exceeding its jurisdiction;
- Breach of agreed procedure;
- Breach of natural justice.
By Debbie Lee and Sharon Wong Qiao Ling – ECYT Law LLC
IN HOT SEAT
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.
Prize or Prejudice: The Interplay Between Arbitration And Adjudication – Legal And Practical Issues (20 July 2017)
Mr Chia Chor Leong was the speaker for this seminar, which was chaired by Mr Naresh Mahtani. During the seminar, Mr Chia gave an overview of the latest Singapore decisions relating to adjudication determinations under the Building and Construction Industry Security of Payment Act (Cap 30B) (“SOP Act”), discussed how the concept of “temporary finality” of adjudication determinations under the SOP Act influenced and affected arbitration proceedings, and highlighted the potential pitfalls that parties to the adjudication determination proceedings face. He also shared with the audience interesting anecdotes from his experience as an adjudicator (and as review adjudicator).
Arbitrator Conflicts of Interest: Are Modern Safeguards Sufficient? (6 September 2017)
Issues of arbitrator conflicts of interest are as old as arbitration itself. The need to ensure that justice is not only done, but is also seen to be done in arbitration cannot be overstated, especially as an increasing volume of high-value disputes continue to take the arbitration route. This however needs to be balanced against frivolous challenges to an arbitrator’s independence and impartiality, so that the arbitration mechanism is not stymied by mere tactical moves.
Judith Gill QC’s lecture explored practical implications for the arbitration process against the backdrop of these competing considerations. Drawing on her vast experience, she took the audience through the various types of conflicts of interest, and instances where a challenge based on conflicts crosses the line and becomes an abusive one. The audience also benefitted from a comprehensive survey of the treatment of this subject under leading institutional rules (like SIAC, LCIA, and ICC), and in the national laws of jurisdictions with established arbitration practices like Singapore, England and US.
upcoming events
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View our past and Upcoming events HERE.
ARTICLES
This issue looks at two recent Singapore Court decisions:
a. Gulf Hibiscus Ltd v Rex International Holding Ltd and another [2017] SGHC 210 This case involves a stay of court proceedings in favour of arbitration, as the matters raised in court proceedings fell within the ambit of an arbitration clause.
b. GD Midea Air Conditioning Equipment Co Ltd v Tornado Consumer Goods Ltd and another matter [2017] SGHC 193This case involves the Court setting aside an arbitral award on various grounds:
- Tribunal exceeding its jurisdiction;
- Breach of agreed procedure;
- Breach of natural justice.
By Debbie Lee and Sharon Wong Qiao Ling – ECYT Law LLC
IN HOT SEAT
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.
RECENT EVENTS
Prize or Prejudice: The Interplay Between Arbitration And Adjudication – Legal And Practical Issues (20 July 2017)
Mr Chia Chor Leong was the speaker for this seminar, which was chaired by Mr Naresh Mahtani. During the seminar, Mr Chia gave an overview of the latest Singapore decisions relating to adjudication determinations under the Building and Construction Industry Security of Payment Act (Cap 30B) (“SOP Act”), discussed how the concept of “temporary finality” of adjudication determinations under the SOP Act influenced and affected arbitration proceedings, and highlighted the potential pitfalls that parties to the adjudication determination proceedings face. He also shared with the audience interesting anecdotes from his experience as an adjudicator (and as review adjudicator).
Arbitrator Conflicts of Interest: Are Modern Safeguards Sufficient? (6 September 2017)
Issues of arbitrator conflicts of interest are as old as arbitration itself. The need to ensure that justice is not only done, but is also seen to be done in arbitration cannot be overstated, especially as an increasing volume of high-value disputes continue to take the arbitration route. This however needs to be balanced against frivolous challenges to an arbitrator’s independence and impartiality, so that the arbitration mechanism is not stymied by mere tactical moves.
Judith Gill QC’s lecture explored practical implications for the arbitration process against the backdrop of these competing considerations. Drawing on her vast experience, she took the audience through the various types of conflicts of interest, and instances where a challenge based on conflicts crosses the line and becomes an abusive one. The audience also benefitted from a comprehensive survey of the treatment of this subject under leading institutional rules (like SIAC, LCIA, and ICC), and in the national laws of jurisdictions with established arbitration practices like Singapore, England and US.
upcoming events
|
||||||||||||||
View our past and Upcoming events HERE.
ANNOUNCEMENTS
The Institute extends a warm welcome to the following members:
Associates
Poon Yu Da
Members
Mohamed Sameh Amr
Sarakmony Buon
Jun Git Chan
Sam Oi Chhim
Sun Mei Lai
Trevor Lam
Sam Lawson
Wan Khim Low
Celine Menu Lange
Wei Han Ooi
Adolf Peter
Daniel Petrushnko
Safia Salem
Teck Meng Seah
Kin Man Clifford To
Chen Han Toh
Gerald Mursjid Wiyatno
Fellows
Hock Kiong Heng
Atsuko Hirose
Richard Pollard
Narvinder Singh
Sandra Somers
Shaun Wong
Associates
Poon Yu Da
Members
Mohamed Sameh Amr
Sarakmony Buon
Jun Git Chan
Sam Oi Chhim
Sun Mei Lai
Trevor Lam
Sam Lawson
Wan Khim Low
Celine Menu Lange
Wei Han Ooi
Adolf Peter
Daniel Petrushnko
Safia Salem
Teck Meng Seah
Kin Man Clifford To
Chen Han Toh
Gerald Mursjid Wiyatno
Fellows
Hock Kiong Heng
Atsuko Hirose
Richard Pollard
Narvinder Singh
Sandra Somers
Shaun Wong
The Institute congratulates the following on their admission to the panel of arbitrators:
Primary
Secondary
Primary
Secondary
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 secretariat@siarb.org.sg 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 (2016 -2017)
President
Chan Leng Sun S.C.
Vice President
Dinesh Dhillon
Honorary Secretary
Naresh Mahtani
Honorary Treasurer
Chia Ho Choon
Immediate Past President
Mohan R Pillay
Council Members
Francis Goh Siong Pheck
Steven Lim
Johnny Tan Cheng Hye BBM
Tan Weiyi
Tay Yu-Jin (co-opted wef 8 Sept 2016)
Yang Yung Chong
Yeo Boon Tat
Publications Committee
Chair
Yeo Boon Tat (Editor)
Committee Members
Gan Kam Yuin (Co -Editor)
David K K Chung
Eric Chew
Cameron Ford
Lim Hseng Lu
Tan Weiyi
Tham Wei Chern
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.