Articles

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. Lok Vi Ming SC,  Managing Director of LVM Law Chambers LLC.

How  would  you  describe  yourself  in  three  words?
Never say Never. Things are usually not as final or as set as they may appear. A problem may not be quite as insurmountable; a party’s position may not be quite as set or unchangeable. A more careful review, a refreshing insight, a little creativity, a dash of patience, a moment of inspiration, and who knows? A solution emerges where others might have previously thought was simply not possible. Do not throw in the towel too quickly, or be set in a view, or trapped by convention. Think, listen, innovate.

How did you first get involved in arbitration work?
I guess I got swept along with the big wave towards arbitration which hit us at the turn of the millennium. I was fortunate to be involved in a huge multi national, multi million contractual dispute that was both intense and eye opening for me. The hearings took place in Singapore and in London. Other matters also took me to hearings in London and Hong Kong, and added a new international perspective to my work. And air miles too!

In  the  course  of  your  work,  do  you  notice  a  trend  in  clients preferring arbitration over litigation as a form of  dispute resolution?
I see a lot more arbitration cases today than even 5 years ago, that’s for sure. But I am not sure if that is necessarily the result of clients’ preference. Certainly the choice of Singapore as a seat or Singapore Law as the choice of Law might be down to the preference of parties, but the trend showing the rising popularity of arbitration as a form dispute resolution also reflects the rising globalisation of businesses. Where parties to a dispute are from 2 or more different jurisdictions, international arbitration still remains the only viable, internationally accepted and familiar option for dispute resolution.

What  is  the  most  memorable  arbitration  or  arbitration-related matter that you were involved in, and why?
There was one which involved documents spread over hundreds of arch files. Storage and easy access to the documents were a huge logistical challenge. Clients estimated it would be far more efficient and cost effective to book 2 suites in a 5 Star hotel, re fit them as an office, have the entire legal team work out from that office for the next 9 to 12 months, and then to reinstate them as hotel rooms when the case is over. That was exactly what they did. Out came the beds, cupboards, side tables, wardrobes, and in went the writing desks, office chairs, computer cables, fax machines and storage for hundreds and hundreds of arch files! We were there at the hotel for almost an entire year, and got to know many of the hotel receptionists, the doormen, the traffic warden, and room service attendants in the process! Of course, we also got much better acquainted with the documents and the facts of the case too!

What advice do you have for a young fellow practitioner interested in arbitration work?
I hear of some younger practitioners voicing unhappiness over long hours poring over documents in preparation for arbitration hearings. Such hearings, it is sometimes lamented, lack the cut and thrust of the more aggressive hearings and procedures of litigation in the Courts. There is some truth in such complaints, but I think it will be helpful to accept it as part of the training a young practitioner receives. One should keep in mind the big plusses which comes with involvement in arbitration work. For me, it includes working with lawyers from other countries and exposure to different approaches adopted by practitioners in Civil Law jurisdictions. The younger practitioners today are getting such exposure at an earlier stage of their careers than their predecessors did. That is a big bonus. Learning and adapting are part of the ever-evolving landscape in international arbitration. Learning to excel in such a vibrant and dynamic environment keeps us fresh, relevant and ready for the exciting challenges ahead.

What are the challenges you think arbitration practitioners will face in the upcoming years? 
The space in the international arbitration universe is today a lot more crowded than before. Every practitioner will have to compete against the very best, and the very best in the world are making their way here. The challenges are exciting, but the imperative to be hardworking, committed, creative, efficient and effective, more than ever before, has to be a part of the serious arbitration practitioner. There is a great advantage for a practitioner to be born in Spore, living and practising here. That however doesn’t give us a birthright to success as arbitration practitioners even if Spore continues to succeed as an arbitration or disputes resolution centre. The advantage we have is a passport that allows entry to the arbitration world, but there is a lot of hard work to be done to get to the point where we want to be.

With  the  establishment  of  the  Singapore  International Mediation Centre and the introduction of the SIAC-SIMC Arb-Med-Arb  Protocol,  do  you  see  mediation  as  now  having a bigger role to play in assisting parties to resolve their disputes? 
Certainly I do see mediation having a bigger role in Dispute Resolution in the immediate future. The SIAC-SIMC Arb-Med-Arb protocol provides parties with an easy interface as parties would already be in an arbitration, seamless as the protocol provides for mediation to be carried out in tandem with the arbitration, and very cost effective (both in terms of financial and time costs) double action ADR option as parties have the benefit of an enforceable award if the mediation is successful or otherwise continue with the arbitration if it is not. The procedural detour is a small one if the mediation is not successful, but the short cut resulting in costs savings and the attainment of an enforceable award are huge rewards if it is.

Who  is  the  person(s)  who  has  had  the  greatest  impact and/or influence on your career?
I can think of a few who have been particularly influential and inspirational, but would decline to name any one or two who have been particularly outstanding for fear of missing out on others who have been just as impactful for me. I can however say that I have been extremely fortunate to have met fellow lawyers and teachers who have demonstrated to me what grace is in the midst of the harshness and aggressiveness of practice, what steel is in the face of withering criticism and pessimism, what beauty the words of the English language can convey, and what power the creative and skilful advocate in Court can do. I have learned so much by just observing, and by being inspired.

If you weren’t in your current profession, what profession would you be in?
Medical practice. I was very interested in the sciences back in Spore, and had ambitions of medical practice in college.

What’s your guilty pleasure? 
Durians. Undeniably a fruit that gives pleasure with few equals. Why guilty? Because my wife has a strange but strong aversion to it. The slightest whiff of it administers potent assault to her sense of smell and well-being. So, if I take it, she’s miserable. If I don’t, I am.

What is one talent that not many people know you have? 
I am not so sure what qualifies to be a talent. I do not play any musical instruments, do not read any musical notes, and my friends believe I sing only to punish them. But a year ago, I took part in a song writing contest in my church and my entry took 2nd spot! I actually do think my entry was a rather decent piece, no doubt improved by the talent of the singer I had approached to perform the song. She did great! The event taught me 2 things. One, never say never. Two, I think sometimes I get it right spotting talent in others, and getting them to use that talent. Now, is that talent, I wonder?

Fill in the blank: “Arbitration is to dispute resolution as salt is to_______”
Sea-water? The 2 appear as one. You can, of course, separate salt from seawater. But then sea-water wouldn’t be the same without salt. So likewise, if arbitration is separated from dispute resolution.