12 June 2018

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. David L. Kreider.

How would you describe yourself in three words?
Passionate about arbitration.

How did you first get involved in arbitration work?
In 2001, while working as General Counsel for China Mobile in Hong Kong, I enrolled in the Chartered Institute of Arbitrator’s “Fast Track to Fellowship” course being administered by HKIAC. I saw arbitration as a pathway back to my trial lawyer’s roots and I was not disappointed. From 2006, I began sitting regularly as arbitrator in Singapore and Hong Kong while working for Vodafone in New Zealand as its General Counsel. Later that year, I completed the Institute’s Diploma Course and attained “Chartered” status. It was about this same time that I began receiving appointments as an Internet domain name panelist. To date, I have issued some 137 domain name decisions, in both English and Chinese.

How and why did you make the switch to become a full-time arbitrator?
After nearly 15 years leading the legal teams at China Mobile in Hong Kong, and thereafter at Vodafone in New Zealand, sitting occasionally as arbitrator for much of that time, I began to feel the pull to sit as arbitrator full-time. I was wearing too many hats and I needed to make a choice. Then, in 2013, I hung out my shingle as David L. Kreider, International Arbitrator. I thoroughly enjoy the challenges of sitting as arbitrator and running my own shop. I am able to use my time more effectively now.

In the course of your work, do you notice a trend in clients preferring arbitration over litigation as a form of dispute resolution?
Yes. For cross-border disputes, arbitration is the only game in town. The confidentiality of arbitration offered by seats such as Singapore and Hong Kong is attractive to consumer-driven companies who need above all to protect their brands.

What is the most memorable arbitration or arbitration related matter that you were involved in, and why?
Early in my career as an arbitrator, I was appointed the presiding arbitrator by SIAC in a computer software matter. It was my first time sitting as the chairperson. Up to that time, most of my appointments had been as sole arbitrator. One of my co-arbitrators on the case was a highly-regarded Malaysian arbitrator of very considerable experience, the other was a TMT specialist at a reputable Australian law firm. The chemistry among the panel members was excellent. The reference went smoothly every step of the way in the spirit of teamwork and mutual support. I learned from that experience just how critical it is to select the right arbitrators for the particular case.

What advice do you have for a young fellow practitioner interested in arbitration work?

Work relentlessly to build a portfolio of professional skills and be the very best lawyer you can be, and do not expect your career path to follow a straight trajectory. Be flexible and leverage your portfolio of skills as opportunities present themselves. Finally, step back once in a while to assess where you have come from and where you are headed, in your professional and personal life, and be willing to make needed changes.

What are the challenges you think arbitration practitioners will face in the upcoming years?  
Practitioners who do not embrace new technologies and ways of working will have difficulty staying competitive. Stay ahead of the curve.

You're fluent in English and Mandarin Chinese, and conversant in Japanese. Rank them in order of difficulty.
English and Chinese are relatively easy languages to learn to speak for basic communication but learning to read Chinese characters and draft papers in Chinese is well and truly challenging. I first learned to read and write the traditional, so-called complicated Chinese characters and went on to master simplified Chinese characters some years later. Japanese borrows many words and concepts from both English and Chinese. The language employs the Hiragana and Katakana phonetic systems, which are used for sounding out Japanese and foreign words, respectively. Because the language employs these two phonetic systems, reading Japanese does not require familiarity with nearly as many characters as does reading Chinese.

If you weren’t in your current profession, what profession would you be in? 
Securities and virtual currencies trader and technologist.

What’s your guilty pleasure?
Strong coffee and dark chocolate.

What is one talent that not many people know you have? 
I’m a pretty decent snow skier, but it’s been awhile since I’ve hit the slopes.