25 September 2020
Questions:
Describe yourself in (3) three words.
I found it difficult to find any words so I turned to my regular critics, my 11 year old daughter and 8 year old son and they came up with – funny, smart and hardworking/strict!
How did you first involved in arbitration work?
I started off relatively early in my practice to undertake arbitration work. I did so after attending the SIArb Entry Level Course way back in 1997 and found the subject both interesting and engaging. That ignited a keen interest for the subject and the field and I have not looked back since.
Did you notice a trend in client’s preference for Arbitration over Litigation as a form for Dispute Resolution?
Initially, when I started undertaking arbitration work, there was some resistance and concern amongst clients over referring disputes to arbitration as many were not familiar with the process and were uncomfortable with having disputes resolved outside the court system. That has changed and many clients now prefer arbitration to court litigation for a number of reasons.
What is the most memorable arbitration or arbitration-related matter that you were involved in, and why?
It would have to be an arbitration I acted in which was heard in Tokyo that involved my Indonesian clients and a Japanese multinational. In the midst of the arbitration proceedings, an application was made to the Japanese courts for evidence to be taken from a Japanese witness. It was the first time such an application had been made in the Japanese courts and the evidence elicited had a significant effect on the outcome of the arbitration
What advice do you have for young Arbitration Practitioners?
To keep at it and gain as much practical experience as possible. Undertaking the diploma course on International Arbitration run either by the CIArb or the NUS would be useful to get a good grounding on arbitration practice and law. Getting on the panels of arbitral institutions should be on the radar and perhaps a good place to start would be the panel of the Law Society Arbitration Scheme.
What challenges will Arbitrators face in the coming years?
The COVID pandemic has made in-person hearings difficult. Whilst hearings can and have gone ahead on virtual platforms, there is a distinct possibility that one side may contend that they were unable to present their case fully or effectively on a virtual platform. This may result in an increase in challenges to arbitral awards. The restrictions on travel may also adversely affect the likelihood of appointments, whether as counsel or arbitrator, in international arbitrations.
With the establishment of 5 International Mediation Centres and introduction of SIAC-SMC, Arb-Med-Arb Protocol, do you see having a larger role to play in assisting parties to resolve their disputes?
Mediation, as an alternative dispute resolution mechanism, has gained ground over the years and with the coming into effect of the Singapore Convention on Mediation, is likely to play a very significant role in the years ahead. Arbitration practitioners, as a result of the Arb-Med-Arb procedures that have been adopted by many arbitral institutions, will be increasingly involved in mediations. As such it will be critical for the arbitration practitioner to develop and hone his or her skill in mediation advocacy and in conducting mediations.
Who is the person who had the greatest impact/influence in your career?
Two persons stand out. Mr Chelva Rajah SC for his wit, wisdom and grace as well as his ever-ready willingness to help fellow practitioners. Justice Desmond Derrington of the Supreme Court of Queensland for his learning, compassion, wisdom and mentorship.
If you were not in your current profession, what profession would you be in?
Probably a failed writer and poet or an ineffective priest.
What is your quality pleasure?
Wine, reading and diving, not necessarily in that order or sequence.
What is the one talent which not many knows you have?
A terrible piano player. That’s why it’s a well-kept secret.
Fill in the blank “Arbitration is to Dispute Resolution as:
“Salt is to Food"