29 December 2021
Questions:
How would you describe yourself in three words?
Friendly, loyal and fair
How did you first get involved in arbitration work?
I was involved in construction and engineering disputes early in my career. These disputes invariably ended up in arbitration because of the arbitration clause in the underlying contracts. This led to my interest in arbitration and my participation in the activities and various committees of the Singapore Institute of Arbitrators.
In the course of your work, do you notice a trend in clients preferring arbitration over litigation as a form of dispute resolution?
Yes, particularly in respect of cross border disputes or where the disputes involve parties from different jurisdictions. In these instances, the default position is for the dispute to be determined by a tribunal in arbitration instead of the local courts. With the growth in international trade and with local infrastructure projects involving foreign contractors and consultants becoming more common, this trend will only continue to rise.
What is the most memorable arbitration or arbitration related matter that you were involved in, and why?
I had the privilege of being the arbitrator in a dispute for an infrastructure Project in Bangladesh involving an English Contractor and the Government of Bangladesh. The Counsel for the English Contractor was Mr. Richard Shadbolt a renowned English Construction lawyer who has since retired.
I was glad for the opportunity of seeing him conduct the case. The Bangladesh Government was represented by a Bangladesh Law Firm. In the course of submissions on the interpretation of the applicable Bangladesh tax provision to the surprise of everyone at the arbitration, the Bangladesh Counsel stated that he accepted responsibility for any ambiguity in this tax provision as it was drafted when he was the Attorney General of Bangladesh at that time .
What advice do you have for a young fellow practitioner interested in arbitration work?
Be engaged in an area of law where the disputes are invariably referred to arbitration because of the existing arbitration clause in the underlying contract, for instance in the field of construction, maritime or intellectual property law. Also get involved and participate in the local arbitration institutions and expand your contacts with fellow arbitration practitioners.
What are the challenges you think arbitration practitioners will face in the upcoming years?
The rising costs of arbitration proceedings may make it a less attractive dispute resolution process especially for disputes with a lower quantum. Already in the area of construction law, parties now routinely attempt to mediate their disputes first before proceeding with to arbitration even when there is no mandatory mediation provision in the contract.
Who is the person(s) who has had the greatest impact and/or influence on your career?
The late Mr. Fred C. S. Wu, a partner of the firm of Donaldson & Burkinshaw. He was a well-known litigation lawyer specialising in construction law. I had the privilege of both working together with and against him as opposing counsel and learned much from him. He showed that it was possible to have a specialisation in construction and engineering law in Singapore even though it was not the case during his time.
If you weren’t in your current profession, what profession would you be in?
I took a break from Law practice to work for a Major Property Developer in Singapore in the early 1980’s. It was interesting to meet and work with people and professionals outside the legal industry. It was humbling to realise that legal work was only one contributory component in the greater scheme of things. Apart from that the work was interesting and challenging.
Would you rather win an Olympic medal, an Academy Award or the Nobel Peace prize?
Obviously, the Nobel Peace Prize as that would mean that the work had a positive impact on others for good.
What is one talent that not many people know you have?
I used to ride a motor bike when I was in University, and I still hold a class 2 motorcycle licence.