ARTICLES
RECENT EVENTS
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.
IN 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.
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.
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.
upcoming events
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View our Past and Upcoming events HERE.
ARTICLES
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.
IN 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.
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.
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.
upcoming events
|
||||||||||||||||||
View our Past and Upcoming events HERE.
ANNOUNCEMENTS
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
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
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 (2017 - 2018)
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
(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
Publications Committee
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