THE PRESIDENT’S COLUMN

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

This is the first Singapore case to discuss confidentiality protections concerning document production in the arbitration context. It also discusses (a) the effect of an agreement for arbitration to be conducted within a short fixed timeframe and natural justice considerations, (b) whether there is an implied duty of good faith in arbitration, and (c) whether an arbitral tribunal is under a duty to investigate allegations of corruption.

Sanum Investments Limited v ST Group Co, Ltd and others [2018] SGHC 141

By Wynne Tay – MPillay

This case concerns one of many applications taken out in respect of the enforcement of an award dated 22 August 2016 (the “Award”) issued in relation to an arbitration administered under the auspices of the Singapore International Arbitration Centre (“SIAC”). The application before the court was for the refusal of enforcement of the Award under Article 36(1) of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”) contained in the First Schedule of the International Arbitration Act (the “IAA”). The Court dismissed the application as against three out of the four applicants.
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

Chair: Mr. Lawrence Teh

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

Chair: Mr. Andrew Pullen

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

ARTICLES

China Machine New Energy Corp v Jaguar Energy Guatemala LLC & Anor [2018] SGHC 101

By Justin Gan, Sarah Kuek – Stephenson Harwood (Singapore) Alliance

This is the first Singapore case to discuss confidentiality protections concerning document production in the arbitration context. It also discusses (a) the effect of an agreement for arbitration to be conducted within a short fixed timeframe and natural justice considerations, (b) whether there is an implied duty of good faith in arbitration, and (c) whether an arbitral tribunal is under a duty to investigate allegations of corruption.

Sanum Investments Limited v ST Group Co, Ltd and others [2018] SGHC 141

By Wynne Tay – MPillay

This case concerns one of many applications taken out in respect of the enforcement of an award dated 22 August 2016 (the “Award”) issued in relation to an arbitration administered under the auspices of the Singapore International Arbitration Centre (“SIAC”). The application before the court was for the refusal of enforcement of the Award under Article 36(1) of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”) contained in the First Schedule of the International Arbitration Act (the “IAA”). The Court dismissed the application as against three out of the four applicants.
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

Chair: Mr. Lawrence Teh

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

Chair: Mr. Andrew Pullen

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

You may recall that members were consulted on an initiative to publish a journal on Singapore arbitration at the 36th Annual General Meeting on 28 September 2017.
Following the positive support received for the concept, Mr. Mohan Pillay and Mr. Yeo Boon Tat were asked to spearhead this special project. Council is pleased to inform members that we are now concluding discussions with a publisher to co-publish the journal, and are also in process of forming the editorial team for the arbitration journal.
Given this is a SIArb publication, Council is keen for members to have an opportunity to contribute to this special project.
We therefore invite expressions of interest from suitably qualified members for the position of Assistant Editors for the arbitration journal.
New Members

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

Panel Arbitrators

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

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

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.

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