ARTICLES
RECENT EVENTS
China Machine New Energy Corp v Jaguar Energy Guatemala LLC & Anor [2018] SGHC 101
By Justin Gan, Sarah Kuek – Stephenson Harwood (Singapore) Alliance
Sanum Investments Limited v ST Group Co, Ltd and others [2018] SGHC 141
By Wynne Tay – MPillay
The judgment is interesting not least because the facts concern a multi-party situation while involving a multi-tiered dispute resolution clause. Additionally, the Court also considered the principles relevant to the refusal of enforcement of award under Art 36(1)(a)(iv) of the Model Law where the arbitration was wrongly seated.
IN HOT SEAT
Johnny was appointed sole arbitrator in over 100 cases in both domestic and international arbitration. He is on the panel of arbitrators of several arbitration centres including Singapore International Arbitration Centre (SIAC), Hong Kong International Arbitration Centre (HKIAC), Dubai International Arbitration Centre (DIAC), Kuala Lumpur Regional Centre for Arbitration (KLRCA), South China International Economic and Trade/Arbitration Commission/Shenzhen Court of International Arbitration (SCIA), London Court of International Arbitration (LCIA), Indian Institute of Arbitrators and Mediators (IIAM), Russian Arbitration Centre at the Russian Institute of Modern Arbitration (RIMA) formerly known as the Moscow Institute of Arbitrators, Singapore Institute of Arbitrators (SIArb), and Singapore Institute of Architects (SIA).
Maritime Arbitration – Tips on Rules and Practices (14 August 2018)
Speakers: Mr. Andrew G Moran QC, Mr. Prem Gurbani
Two senior arbitrators Mr Prem Gurbani and Mr Andrew Moran QC spoke on maritime arbitration and their experiences, to a full audience of practitioners and other arbitrators. The session was chaired by Mr Lawrence Teh, Senior Partner at Dentons Rodyk.
Mr Moran QC discussed the new LMAA Terms, explaining the rationale behind the changes and how some reflected changes in attitude in London maritime arbitration. He also took the audience through a comparison with the present SCMA Rules. At the end of his section, Mr Moran QC revealed that he was to chair the SCMA Procedure Committee looking into potential revisions to the SCMA Rules.
Mr Gurbani provided an overview of the differences arbitrating ad hoc, under the SIAC Rules (2016), and the SCMA Rules (2015). Points that stood out included the availability of small claims procedures under the SCMA Rules, and emergency arbitrator procedures under the SIAC Rules. There was brief mention of instances where a party’s arbitrator nomination is not accepted by the SIAC – for example where the nominee already has a heavy caseload.
Focus on Commodities, Minerals and Energy Arbitration (26 July 2018)
Speakers: Mr. Joseph Lopez, Mr. Ben Lawson
The seminar on “Focus on Commodities, Minerals and Energy Arbitration was held on 26 July 2018 at The Central (Clarke Quay). The opening remarks were given by Mr Andrew Pullen, a seasoned barrister at Fountain Court Chambers. This was followed by a panel discussion by Mr Joseph Lopez, Partner in Joseph Lopez LLC, and Mr Ben Lawson, Chief Operating Officer of PT. Sanaman Coal International.
The panel discussion was extremely insightful for practitioners and clients alike. Mr Lopez and Mr Lawson both boast an impressive CV with vast experience in the coal and mining industry, and are extremely knowledgeable in their respective practices. They were thus able to provide the audience with invaluable practical pointers on the issues frequently faced in commodities, minerals and energy arbitrations. The panellists’ use of practical illustrations was also extremely helpful in helping to elucidate more complex points.
upcoming events
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Date
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Event
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20 September 2018
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|
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25 September 2018
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|
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25 September 2018
|
SIArb Annual General Meeting 2018
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03 October 2018
|
|
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18-19, 26-27, 29 October 2018
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|
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14 November 2018
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|
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15 November 2018
|
|
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22 November 2018
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|
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06 December 2018
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A Debate on the Motion “This house believes that computers will replace arbitrators within 25 years”
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24 Jan 2019
|
Party-Representative Ethics – Giving Bite to Ethical Rules
|
View our Past & Upcoming Events HERE
ARTICLES
China Machine New Energy Corp v Jaguar Energy Guatemala LLC & Anor [2018] SGHC 101
By Justin Gan, Sarah Kuek – Stephenson Harwood (Singapore) Alliance
Sanum Investments Limited v ST Group Co, Ltd and others [2018] SGHC 141
By Wynne Tay – MPillay
The judgment is interesting not least because the facts concern a multi-party situation while involving a multi-tiered dispute resolution clause. Additionally, the Court also considered the principles relevant to the refusal of enforcement of award under Art 36(1)(a)(iv) of the Model Law where the arbitration was wrongly seated.
IN HOT SEAT
Johnny was appointed sole arbitrator in over 100 cases in both domestic and international arbitration. He is on the panel of arbitrators of several arbitration centres including Singapore International Arbitration Centre (SIAC), Hong Kong International Arbitration Centre (HKIAC), Dubai International Arbitration Centre (DIAC), Kuala Lumpur Regional Centre for Arbitration (KLRCA), South China International Economic and Trade/Arbitration Commission/Shenzhen Court of International Arbitration (SCIA), London Court of International Arbitration (LCIA), Indian Institute of Arbitrators and Mediators (IIAM), Russian Arbitration Centre at the Russian Institute of Modern Arbitration (RIMA) formerly known as the Moscow Institute of Arbitrators, Singapore Institute of Arbitrators (SIArb), and Singapore Institute of Architects (SIA).
RECENT EVENTS
Maritime Arbitration – Tips on Rules and Practices (14 August 2018)
Speakers: Mr. Andrew G Moran QC, Mr. Prem Gurbani
Two senior arbitrators Mr Prem Gurbani and Mr Andrew Moran QC spoke on maritime arbitration and their experiences, to a full audience of practitioners and other arbitrators. The session was chaired by Mr Lawrence Teh, Senior Partner at Dentons Rodyk.
Mr Moran QC discussed the new LMAA Terms, explaining the rationale behind the changes and how some reflected changes in attitude in London maritime arbitration. He also took the audience through a comparison with the present SCMA Rules. At the end of his section, Mr Moran QC revealed that he was to chair the SCMA Procedure Committee looking into potential revisions to the SCMA Rules.
Mr Gurbani provided an overview of the differences arbitrating ad hoc, under the SIAC Rules (2016), and the SCMA Rules (2015). Points that stood out included the availability of small claims procedures under the SCMA Rules, and emergency arbitrator procedures under the SIAC Rules. There was brief mention of instances where a party’s arbitrator nomination is not accepted by the SIAC – for example where the nominee already has a heavy caseload.
Focus on Commodities, Minerals and Energy Arbitration (26 July 2018)
Speakers: Mr. Joseph Lopez, Mr. Ben Lawson
The seminar on “Focus on Commodities, Minerals and Energy Arbitration was held on 26 July 2018 at The Central (Clarke Quay). The opening remarks were given by Mr Andrew Pullen, a seasoned barrister at Fountain Court Chambers. This was followed by a panel discussion by Mr Joseph Lopez, Partner in Joseph Lopez LLC, and Mr Ben Lawson, Chief Operating Officer of PT. Sanaman Coal International.
The panel discussion was extremely insightful for practitioners and clients alike. Mr Lopez and Mr Lawson both boast an impressive CV with vast experience in the coal and mining industry, and are extremely knowledgeable in their respective practices. They were thus able to provide the audience with invaluable practical pointers on the issues frequently faced in commodities, minerals and energy arbitrations. The panellists’ use of practical illustrations was also extremely helpful in helping to elucidate more complex points.
upcoming events
|
Date
|
Event
|
|
20 September 2018
|
|
|
25 September 2018
|
|
|
25 September 2018
|
SIArb Annual General Meeting 2018
|
|
03 October 2018
|
|
|
18-19, 26-27, 29 October 2018
|
|
|
14 November 2018
|
|
|
15 November 2018
|
|
|
22 November 2018
|
|
|
06 December 2018
|
A Debate on the Motion “This house believes that computers will replace arbitrators within 25 years”
|
|
24 Jan 2019
|
Party-Representative Ethics – Giving Bite to Ethical Rules
|
View our Past & Upcoming Events HERE
ANNOUNCEMENTS
Call for Expressions of Interest for Assistant Editors
We therefore invite expressions of interest from suitably qualified members for the position of Assistant Editors for the arbitration journal.
The Institute extends a warm welcome to the following members:
Associates
Bumal Murchoyea
Members
Ho Kim May
Ang Wee Jian
Al Joseph Cedeño
Yong Neng Chan
Cheong Mun Juen
Renuka Karuppan Chettiar
Choo Zheng Xi
Doan Thuan Hai
Gan Wee Hooi
Kwang Ming Hua
Li Siling
Colin Liew Lim Wee Liang
Loke Mun Wai Andrew
James Love
Peng Kong Luke
Meera Rajah
Peck Shan Ren
Ananya Pratap Singh
Dinesh Natarajan Venkatesh
Gunawan Widjaja
Ang Si Yi
Joerg Schappei
Benjamin Tham
Kenneth Tan
Fellows
Tony Budidjaja
Jeffrey Chan
Daniel Reback
Michael Lee
Neo Xing Hui, Esther
Associates
Bumal Murchoyea
Members
Ho Kim May
Ang Wee Jian
Al Joseph Cedeño
Yong Neng Chan
Cheong Mun Juen
Renuka Karuppan Chettiar
Choo Zheng Xi
Doan Thuan Hai
Gan Wee Hooi
Kwang Ming Hua
Li Siling
Colin Liew Lim Wee Liang
Loke Mun Wai Andrew
James Love
Peng Kong Luke
Meera Rajah
Peck Shan Ren
Ananya Pratap Singh
Dinesh Natarajan Venkatesh
Gunawan Widjaja
Ang Si Yi
Joerg Schappei
Benjamin Tham
Kenneth Tan
Fellows
Tony Budidjaja
Jeffrey Chan
Daniel Reback
Michael Lee
Neo Xing Hui, Esther
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
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.