Newsletters

SIArb Newsletter Issue 33 (30 March 2020)

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30 March 2020 (Issue No. 33)
 
the president's column

PRESIDENT'S MESSAGE - March 2020

Covid-19 is a global health crisis like never before. The airports and travel industry are at a standstill. Hospitals are being overrun or at risk of being overrun. Hotels in Singapore are now being used to house returning Singaporean residents on 14 day stay home notice periods. While there is no doubt we must put health first, we must also find ways to continue. 
International Arbitration has been disrupted globally. Travel restrictions and quarantine notices have made it impossible globally for witnesses to give evidence in person. Technology though gives us a means to pick up the pieces and keep going. We are being forced to quickly learn what digital platforms exist for hearings. And we are learning quickly that there are indeed innovations that make virtual hearings possible.
Physical hearings whenever possible remain an option, but we must adapt to social distancing in hearing facilities, and to instill a discipline to resist our natural urge to shake hands. Dedicated hearing facilities will have to adapt to provide seating with 1 metre gaps between individuals. We may have to reduce the number of counsel physically present and consider providing transcription or video links for other team members to follow proceedings remotely.

Read More

Dinesh Dhillon
President,
SIArb 2017-2021
ARTICLES

CASE DIGEST (February 2020)

By Charis Wang, Fullerton Law Chambers LLC

In this issue, we report on the following decisions on arbitration released by the Singapore courts between December 2019 and February 2020:

  1. BNA v BNB and another [2019] SGCA 84
  2. CBP v CBS [2020] SGHC 23 

in the 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
Mr Francis Xavier SC.



Read More

 
Date
Event
 
19 May 2020
20 August 2020
31 August 2020
SIArb "Spotlight on Experts" Conference
9 September 2020
17 November 2020
SIArb Commercial Arbitration Symposium 2020
   View our Past & Upcoming Events HERE
 
BOOK REVIEW
UNCITRAL Model Law & Arbitration Rules The Arbitration Act 2005 (Amended 2011 & 2018) and the AIAC Arbitration Rules 2018

By Sundra Rajoo

Special Contributor: Thomas R. Klötzel
(Sweet & Maxwell, 2019)

Why do busy practitioners write articles but so few practitioners write legal textbooks? In the first place, why are there so few who are willing to write even academic articles? Not the marketing updates for busy executives but refereed articles that require a careful analysis of the law. Which require citations to legal sources and reasoned views built upon layers of legal reasoning. The obvious answer is time and commitment. Most practitioners in this part of the world are under pressure to bill and the couple of weeks needed to write a decent refereed article do not, as law firm managers would say, bring enough returns on the investment.

When you consider that a legal textbook is at least 10 times the length of a decent academic article, you begin to see why so few practitioners write books. The length is not all there is. The author of a book cannot be selective about the research that he or she undertakes on the chosen subject. To write a book on a subject is to cover the entire landscape. The writer of an article...

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announcements

SIArb Committees 2020

We thank all members who have volunteered their time and services in our recent Call for Volunteers
The Committee Chairpersons have finalised their respective Committees.
You may view the role and composition of each Committee HERE.


New Members
The Institute extends a warm welcome to the following members:

Associates
  • Steven Brown
  • Pou Leen Low
Members
  • Francisco Alba II
  • Abdul Mabud Masum
  • Samuel Widdowson
Fellows
  • Delphine Ho
  • Ziyang Daniel Soo
  • Meryl Koh
  • Jing Ling Khoo

View our Member Listing HERE.

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 This email address is being protected from spambots. You need JavaScript enabled to view it. 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 (2019 - 2020) Publications Committee
President    
Dinesh Dhillon
Vice President
Tay Yu-Jin
Honorary Secretary
Francis Goh
Honorary Treasurer
Yeo Boon Tat
Immediate Past President
Chan Leng Sun S.C.
Council Members
Chia Ho Choon
(co-opted wef 5 Oct 2017)
Andrew Pullen
Ramesh Selvaraj
Ramesh Selvaraj
Rebecca Tai Andersen
Tan Weiyi (co-opted wef 9 Oct 2019)
 
 
Chair
Yeo Boon Tat
Committee Members
Gil Marie Alba
David Chung
Justin Gan
Fayth Kuah
Lim Hseng Iu
Deepika Madan
Adolf Peter
Mahesh Rai Daniel Seligman
Ananya Pratap Singh
Carolyn Tan
Tham Wei Chern
Christopher Tan
Andrew White
Wong Siew Hong
Follow, like or share Our LinkedIn Page

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.

 

PRESIDENT'S MESSAGE

30 March 2020

Covid-19 is a global health crisis like never before. The airports and travel industry are at a standstill. Hospitals are being overrun or at risk of being overrun. Hotels in Singapore are now being used to house returning Singaporean residents on 14 day stay home notice periods. While there is no doubt we must put health first, we must also find ways to continue.

International Arbitration has been disrupted globally. Travel restrictions and quarantine notices have made it impossible globally for witnesses to give evidence in person. Technology though gives us a means to pick up the pieces and keep going. We are being forced to quickly learn what digital platforms exist for hearings. And we are learning quickly that there are indeed innovations that make virtual hearings possible.

Physical hearings whenever possible remain an option, but we must adapt to social distancing in hearing facilities, and to instill a discipline to resist our natural urge to shake hands. Dedicated hearing facilities will have to adapt to provide seating with 1 metre gaps between individuals. We may have to reduce the number of counsel physically present and consider providing transcription or video links for other team members to follow proceedings remotely.

One opportunity amidst the present chaos is that we may learn to be more efficient with technology and time management. SIArb will be reviewing the possibility of delivering CPD events and courses through digital platforms. Some of the lessons we learn through this period of adaptation may be worth continuing with even after things “return to normal”. In the words of Dave Hollis, “In the rush to return to normal, use this time to consider which parts of normal are worth rushing back to."

Let us all comply with the measures the government has rolled out to keep us safe. Doing so will not only benefit us but also the tireless healthcare workers who need us to be vigilant so that they can do their difficult jobs without hospitals being overrun. Some of you may have already seen the video by Dr Michelle Au of Emory St. Joseph's Hospital in Atlanta, an anesthesiologist, who plays the critical role of intubating Covid-19 patients who can't breathe. She aptly said that it is us in the community that are in truth the "frontline" in this battle. The healthcare workers are the last line of defence, so let us do what we must to protect them whether it be by washing our hands, social distancing or complying strictly with stay home notices or quarantine orders.

Singapore has learnt from the experiences of SARS and we have been blessed with sterling and proactive government leadership. The sacrifices made in building up our national reserves since 1965 have proven wise as DPM Heng Swee Keat unveiled an unprecedented S$48.4 billion resilience package on 26 March 2020.

I look forward to meeting you in person again soon. Most importantly, take care of yourselves, your loved ones and your neighbours. We must remain resilient and get through this together.

Dinesh Dhillon
President,
SIArb 2017-2021

SIArb Newsletter Issue 32 ( 16 December 2019)

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16 December 2019 (Issue No. 32)
 
the president's column

PRESIDENT'S MESSAGE - December 2019

December is upon us. It is a fitting time to look back at what 2019 has brought us. On 26 Nov 2019, we launched the Singapore Arbitration Journal, a joint initiative with the Singapore Academy of Law. Members will all receive complimentary copies. I would like to congratulate the General Editor Mohan Pillay, Editor Chan Leng Sun SC and Publishing Editor Yeo Boon Tat for seeing this vision through from conception to delivery. We are also very grateful to the advisory board of VK Rajah SC, Toby Landau QC, Loretta Malintoppi and Prof Lawrence Boo for taking time to guide us. Not to be forgotten are the invaluable team of Assistant Editors, Ramandeep Kaur, Matthew Koh, Janice Lee, Mahesh Rai, Tan Hai Song, Benjamin Tham, and Derric Yeoh. The aspiration behind the journal was to produce a world class platform for thought leadership on global arbitration issues yet with a Singapore focus. I believe we have achieved that with this first issue and work is already underway to continue this. I hope the journal inspires you to consider making future contributions.

Read More

Dinesh Dhillon
President,
SIArb 2017-2021
ARTICLES

CASE DIGEST (December 2019)

By Christine Ong and Tan Yi Lei - Virtus Law LLP, with assistance from Michelle Lam


in the hot seat!

In this issue of our newsletter, we are pleased to have a colleague from Austria, Mag. Ralph Kilches, share his views on the current situation of arbitration in Europe in an environment where arbitration in Asia is seeing growth, and also give some insight into what makes him tick.


Read More

 

 

 
UPCOMING EVENTS
Date
Event
12 February 2020
Developments in Singapore Arbitration 2020
25 March 2020
Non-contractual Claims in Commercial Arbitration
24, 25 & 27 April 2020
International Entry Course (IEC) 2020
27 April 2020  
The Members' Nite
   View our Past & Upcoming Events HERE
 
Recent Events
SIArb Debate: This House Believes That Arbitral Tribunals Should Appoint Their Own Experts As A Matter Of Course (05 December 2019)

Expert witnesses are a common sight in arbitration. From engineers and quantity surveyors in construction disputes, to bankers explaining complex financial products, to accountants and economists calculating losses, to lawyers opining on principles of an unfamiliar law, their evidence is crucial to many...

Read More

 

SIArb Annual Dinner (27 November 2019)

On 27th November 2019, SIArb hosted its 38th Anniversary Annual Dinner at Aura, Sky Lounge, National Gallery Singapore. It was chosen for the 4th time in a row due to its rooftop sky lounge overlooking the spectacular iconic skyline of Marina Bay which gave attendees a 180⁰ skyline view of the Padang as day turned seamlessly to night.

 
SIArb Commercial Arbitration Symposium (26 November 2019)

The ever-popular Commercial Arbitration Symposium attracted a diverse range of participants as usual, and they submitted a no less diverse range of topics for discussion. This year’s symposium was kindly sponsored by third-party funder, Profile Investment, and litigation support service provider...

 
Launch of the Singapore Arbitration Journal (26 November 2019)

The launch of the Singapore Arbitration Journal (SIArbJ), a co-publication by the SIArb and the Singapore Academy of Law, was successfully held on 26 November 2019 at the historic Arts House at The Old Parliament. An exciting morning started with eminent Guest-of-Honour, former Attorney-General and Judge of Appeal, Mr. V. K. Rajah S.C., commenting...

 
 
Looking into the Crystal Ball: Arbitration in Singapore, 2039 (30 September 2019)

Presentation to the Singapore Institute of Arbitrators by Alastair Henderson, Herbert Smith Freehills LLP, Singapore.

 
   
announcements

SIArb Committees 2020

We thank all members who have volunteered their time and services in our recent Call for Volunteers
The Committee Chairpersons have finalised their respective Committees.
You may view the role and composition of each Committee HERE.


New Members
The Institute extends a warm welcome to the following members:

Associates
  • Minh Le
  • Cathryn Mei Qin Neo
  • Velayudham Shunmugam
Members
  • Lim Wei Lee
  • Magdalene Chew
Fellows
  • Sumit Agarwal
  • Rajiv Vohra
  • Yu Kai Elaine
  • Ramesh Bharani Nagaratnam
  • Avinderjit Singh
  • Vellayappan Balasubramaniyam
  • Lawrence Lee Mun Kong
  • Daniel Seligman
  • Mary Claire M. Hernandez

View our Member Listing HERE.

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 This email address is being protected from spambots. You need JavaScript enabled to view it. 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 (2019 - 2020) Publications Committee
President    
Dinesh Dhillon
Vice President
Tay Yu-Jin
Honorary Secretary
Francis Goh
Honorary Treasurer
Yeo Boon Tat
Immediate Past President
Chan Leng Sun S.C.
Council Members
Chia Ho Choon
(co-opted wef 5 Oct 2017)
Andrew Pullen
Ramesh Selvaraj
Ramesh Selvaraj
Rebecca Tai Andersen
Tan Weiyi (co-opted wef 9 Oct 2019)
 
 
Chair
Yeo Boon Tat
Committee Members
Gil Marie Alba
David Chung
Justin Gan
Fayth Kuah
Lim Hseng Iu
Deepika Madan
Adolf Peter
Mahesh Rai Daniel Seligman
Ananya Pratap Singh
Carolyn Tan
Tham Wei Chern
Christopher Tan
Andrew White
Wong Siew Hong
Follow, like or share Our LinkedIn Page

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.

 

PRESIDENT'S MESSAGE

16 December 2019

December is upon us. It is a fitting time to look back at what 2019 has brought us.

On 26 Nov 2019, we launched the Singapore Arbitration Journal, a joint initiative with the Singapore Academy of Law. Members will all receive complimentary copies. I would like to congratulate the General Editor Mohan Pillay, Editor Chan Leng Sun SC and Publishing Editor Yeo Boon Tat for seeing this vision through from conception to delivery. We are also very grateful to the advisory board of VK Rajah SC, Toby Landau QC, Loretta Malintoppi and Prof Lawrence Boo for taking time to guide us. Not to be forgotten are the invaluable team of Assistant Editors, Ramandeep Kaur, Matthew Koh, Janice Lee, Mahesh Rai, Tan Hai Song, Benjamin Tham, and Derric Yeoh. The aspiration behind the journal was to produce a world class platform for thought leadership on global arbitration issues yet with a Singapore focus. I believe we have achieved that with this first issue and work is already underway to continue this. I hope the journal inspires you to consider making future contributions.

This year we also launched the SIArb Annual Lecture. We were very privileged to have Toby Landau QC with us to speak on “Arbitral Groundhog Day: The Problem of Repeat Claims and Issues in Arbitration”. I understand that Toby will be publishing a paper on this in the next edition of the Singapore Arbitration Journal so we look forward to that.

7 August 2019 will be a day etched forever in our memories. The Singapore Mediation Convention progressed from a dream to reality. Singapore now offers a tripartite solution for dispute resolution through International Arbitration, Mediation and the SICC. Some may be concerned about competition from within. I however believe these 3 offerings complement each other and provide end users a choice which hopefully leads them to Singapore. Competition if any can only be good as we strive to constantly improve and innovate.

The Queen Mary survey results on International Arbitration was released in March this year. Congratulations are in order for SIAC who were ranked the 3rd most preferred arbitral institution in the world. Singapore was ranked the third most preferred seat in the world and the top seat in Asia. The Singapore brand of arbitration excellence is certainly making its mark and we at SIArb must also play our part in ensuring its continued success. One issue that we will continue to raise is ethics in international arbitration. This is the subject of a paper by Michael Hwang SC and Adriana Uson in the journal and I urge you all to reflect on the issues and proposals made. We had kicked off 2019 with a panel session chaired by Leng Sun on the issue of ethics and got to hear views from VK Rajah, Gary Born, Michael Hwang and Professor Lucy Reed. I believe that ethics is the foundation for legal practice. If we lose focus on ethics, we are at risk of losing our status as professionals. The lack of a consistent and uniform enforceable ethical standard is a concern we must pay attention to. SIArb remains committed to widening this conversation.

It remains for me to congratulate our Council members and Committee chairs for all the excellent work they have done. I wish all members a blessed Christmas and a Happy New Year!

Dinesh Dhillon
President,
SIArb 2017-2021

Events Calendar

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