ARTICLES
RECENT EVENTS
Tours Pvt Ltd v Hilton International Manage (Maldives) Pvt Ltd, [2019] SGCA 10
By Tham Wei Chern, Daniel Lee – Fullerton Law Chambers LLC
1. Hilton obtained a Singapore-seated ICC award against Sun arising out of Sun’s repudiation of a hotel management agreement. Sun had counterclaimed for fraudulent misrepresentation and breach of duty of care and skill.
2. Hilton attempted to enforce the award in the Maldives (the “Maldives Enforcement”).
3. Sun simultaneously commenced court proceedings in the Maldives, essentially re-litigating the issues that had been decided in the arbitration (the “Maldives Suit”).
4. Instead of immediately applying (in the Singapore Courts) for an order for Sun to cease the Maldives Suit, Hilton instead challenged the Maldives Suit on jurisdictional grounds and failed before the Maldives Courts.
BAZ V BBA, [2018] SGHC 275
By Tham Wei Chern, Daniel Lee – Fullerton Law Chambers LLC
1. The Plaintiff sought to enforce, in Singapore, a Singapore seated ICC award. The Defendants resisted the enforcement.
2. The arbitration arose out of a transaction in which the Plaintiff bought shares in a company owned by the Defendants. The Plaintiff commenced arbitration proceedings against the Defendants for fraudulent misrepresentation, on the grounds that the Defendants had concealed information on scandals and regulatory breaches, which had reduced the true value of the shares. The Plaintiff was successful in the arbitration and obtained an award in its favour.
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 Prof. Leslie Chew SC.
Developments in Singapore Arbitration (12 February 2019)
Singapore’s prominence in the international arbitration scene continues to rise in 2018. While Singapore arbitration landscape remained relatively stable in 2018 – with no new rules or procedures being introduced – the number of reported court decisions arising from or relating to arbitration have increased, reflecting the buzz in this space.
In the past year, the Singapore Courts have had the occasion to revisit established principles and navigate new territory in the law relating to and governing arbitrations. These include 4 applications to set aside arbitral awards; 2 applications to review the arbitral tribunal’s jurisdiction; and the usual stream of stay applications.
Party-Representative Ethics: Time To Move The Needle? (24 January 2019)
The 10th anniversary of the SIArb symposium did not fail to live up to expectations. With a diverse number of thought-provoking questions submitted by the audience beforehand, each session navigated several areas of controversy, and also gave rise to some very helpful contributions from audience members based on their own experience (submitted within the confines of the “Chatham House” rules!). Last but not least, the all-female cohort of moderators for the sessions served as a radical and refreshing departure from the usual line-up of conference chairs.
upcoming events
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Date
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Event
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28 March 2019
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|
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11 April 2019
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26, 27 & 29 April 2019
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30 April 2019
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07 May 2019
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The Discretion to Enforce
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13 June 2019
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30 September 2019
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SIArb Annual General Meeting
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10, 11, 18, 19 & 21 October 2019
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Fellowship Assessment Course 2019 (FAC)
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26 November 2019
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SIArb Commercial Arbitration Symposium 2019
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27 November 2019
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SIArb Annual Dinner 2019
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|
05 December 2019
|
SIArb Annual Debate 2019
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View our Past & Upcoming Events HERE
ARTICLES
Tours Pvt Ltd v Hilton International Manage (Maldives) Pvt Ltd, [2019] SGCA 10
By Tham Wei Chern, Daniel Lee – Fullerton Law Chambers LLC
1. Hilton obtained a Singapore-seated ICC award against Sun arising out of Sun’s repudiation of a hotel management agreement. Sun had counterclaimed for fraudulent misrepresentation and breach of duty of care and skill.
2. Hilton attempted to enforce the award in the Maldives (the “Maldives Enforcement”).
3. Sun simultaneously commenced court proceedings in the Maldives, essentially re-litigating the issues that had been decided in the arbitration (the “Maldives Suit”).
4. Instead of immediately applying (in the Singapore Courts) for an order for Sun to cease the Maldives Suit, Hilton instead challenged the Maldives Suit on jurisdictional grounds and failed before the Maldives Courts.
BAZ V BBA, [2018] SGHC 275
By Tham Wei Chern, Daniel Lee – Fullerton Law Chambers LLC
1. The Plaintiff sought to enforce, in Singapore, a Singapore seated ICC award. The Defendants resisted the enforcement.
2. The arbitration arose out of a transaction in which the Plaintiff bought shares in a company owned by the Defendants. The Plaintiff commenced arbitration proceedings against the Defendants for fraudulent misrepresentation, on the grounds that the Defendants had concealed information on scandals and regulatory breaches, which had reduced the true value of the shares. The Plaintiff was successful in the arbitration and obtained an award in its favour.
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 Prof. Leslie Chew SC.
RECENT EVENTS
Developments in Singapore Arbitration (12 February 2019)
Singapore’s prominence in the international arbitration scene continues to rise in 2018. While Singapore arbitration landscape remained relatively stable in 2018 – with no new rules or procedures being introduced – the number of reported court decisions arising from or relating to arbitration have increased, reflecting the buzz in this space.
In the past year, the Singapore Courts have had the occasion to revisit established principles and navigate new territory in the law relating to and governing arbitrations. These include 4 applications to set aside arbitral awards; 2 applications to review the arbitral tribunal’s jurisdiction; and the usual stream of stay applications.
Party-Representative Ethics: Time To Move The Needle? (24 January 2019)
The 10th anniversary of the SIArb symposium did not fail to live up to expectations. With a diverse number of thought-provoking questions submitted by the audience beforehand, each session navigated several areas of controversy, and also gave rise to some very helpful contributions from audience members based on their own experience (submitted within the confines of the “Chatham House” rules!). Last but not least, the all-female cohort of moderators for the sessions served as a radical and refreshing departure from the usual line-up of conference chairs.
upcoming events
|
Date
|
Event
|
|
28 March 2019
|
|
|
11 April 2019
|
|
|
26, 27 & 29 April 2019
|
|
|
30 April 2019
|
|
|
07 May 2019
|
The Discretion to Enforce
|
|
13 June 2019
|
|
|
30 September 2019
|
SIArb Annual General Meeting
|
|
10, 11, 18, 19 & 21 October 2019
|
Fellowship Assessment Course 2019 (FAC)
|
|
26 November 2019
|
SIArb Commercial Arbitration Symposium 2019
|
|
27 November 2019
|
SIArb Annual Dinner 2019
|
|
05 December 2019
|
SIArb Annual Debate 2019
|
View our Past & Upcoming Events HERE
ANNOUNCEMENTS
The Institute extends a warm welcome to the following members:
Associates
Ramesh Bharani Nagaratnam
Members
Christopher Rudland
Mohammed Forrukh Rahman
Fellows
Stephen Strick
Siraj Omar
Catherine Lim
Chan Kah Chong
Peng Kong Luke
Doan Thuan Hai
R.V.S. Mani
Associates
Ramesh Bharani Nagaratnam
Members
Christopher Rudland
Mohammed Forrukh Rahman
Fellows
Stephen Strick
Siraj Omar
Catherine Lim
Chan Kah Chong
Peng Kong Luke
Doan Thuan Hai
R.V.S. Mani
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 (2018 - 2019)
President
Dinesh Dhillon
Vice President
Tay Yu-Jin
Honorary Secretary
Francis Goh
Honorary Treasurer
Mohan R Pillay
Immediate Past President
Chan Leng Sun S.C.
Council Members
(co-opted wef 5 Oct 2017)
Chia Ho Choon
Andrew Pullen
Ramesh Selvaraj
Rebecca Tai Andersen
Yeo Boon Tat
Publications Committee
Chair
Yeo Boon Tat
Committee Members
Chew Yee Teck, Eric
Dr. Chung Kah Keat, David
Justin Gan
Gan Kam Yuin
Fayth Kuah
Lim Hseng Iu
Dr. Adolf Peter
Ananya Pratap Singh
Christopher Tan Teow Hin
Tan Beng Hui, Carolyn
Tham Wei Chern
Dr. Gunawan Widjaja
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