14 September 2018
Johnny was appointed sole arbitrator in over 100 cases in both domestic and international arbitration. He is on the panel of arbitrators of several arbitration centres including Singapore International Arbitration Centre (SIAC), Hong Kong International Arbitration Centre (HKIAC), Dubai International Arbitration Centre (DIAC), Kuala Lumpur Regional Centre for Arbitration (KLRCA), South China International Economic and Trade/Arbitration Commission/Shenzhen Court of International Arbitration (SCIA), London Court of International Arbitration (LCIA), Indian Institute of Arbitrators and Mediators (IIAM), Russian Arbitration Centre at the Russian Institute of Modern Arbitration (RIMA) formerly known as the Moscow Institute of Arbitrators, Singapore Institute of Arbitrators (SIArb), and Singapore Institute of Architects (SIA). He is on the Advisory Council of the National Commercial Arbitration Centre of Cambodia.
Johnny is also an accredited Adjudicator on Singapore Mediation Centre (under the Building Construction Industry Security of Payment Act) and is on the panel of mediators of Singapore Mediation Centre (Principal Mediator), China Council for the Promotion of International Trade/China Chamber of International Commerce (CCPIT/CCOIC Mediation Centre), HK Joint Mediation Centre, Japan International Mediation Centre, Kyoto, Singapore Institute of Architects, and Consumers Association of Singapore.
Johnny was the Past President of Singapore Institute of Arbitrators from 2007 to 2011.
How would you describe yourself in three words?
A renaissance-man. Beside my passion for arbitration, adjudication and mediation, I am also a volunteer docent on weekends at the Asian Civilisation Museum, the Peranakan Museum and a Museum Educator at the National Museum of Singapore.
How did you first get involved in arbitration work?
My first arbitration was in 1986 when I was an architect working for a statutory board. In those days it was very rare for a contractor to take a government agency to arbitration. The architects who were involved with the projects had all resigned by the time the arbitration commenced. My department head assigned me as the department’s co-ordinator to prepare its defence and counterclaim. It was a great learning experience as the counsel for us was the late Mr C. S. Wu, a doyen in construction law and a formidable litigator. On Mr. Wu’s advice, we also appointed Mr Desmond Wright QC. The arbitration was settled but nevertheless it piqued my interest in arbitration. I joined the Singapore Institute of Arbitrators and enrolled in several courses on arbitration ran by SIArb.
In the course of your work, do you notice a trend in clients preferring arbitration over litigation as a form of dispute resolution?
Yes, there has been a growing trend to choose arbitration as the preferred dispute resolution. This was not always the case. In the 80s and 90s, even lawyers were averse to arbitration. That was probably why it was then referred to as an alternative dispute resolution. Today it is no longer considered an alternative but a preferred form of dispute resolution. This can be seen from the statistics in SIAC Annual Report which had grown exponentially and Singapore’s position as a leading centre for arbitration. This augurs well for all of us who are in arbitration practice.
What is the most memorable arbitration or arbitration-related matter that you were involved in, and why?
My most memorable arbitration was a construction dispute involving a Korean claimant against an Italian respondent. Besides the principal witnesses being Korean and Italian, one of the key witnesses was a Filipino. The different nationality brought interesting cultural nuances during the hearing. The arbitration was made even more interesting as it involved both very interesting legal issues as well as a highly complex mechanised construction system.
What advice do you have for a young fellow practitioner interested in arbitration work?
The arbitration practice is rapidly changing as disputes get more complex and trans-boundaries. There is only so much that you can learn from attending courses due to the time limitations placed on the course syllabus. So, you need to keep learning through seminars and conferences. Hear from the established practitioners their experiences. Also, with more cross-border disputes, arbitrators need to keep themselves abreast with the development in national arbitration laws and the various arbitration rules of the different centres.
What are the challenges you think arbitration practitioners will face in the upcoming years?
Time and cost remain the main challenges today. In the 80s and 90s, arbitration was less formal and procedural. We would hear the merits of the dispute within three to four months of the commencement of an arbitration and to have an award issued within six to nine months. Today, arbitration procedures almost mirror court procedures. Discoveries specially in construction matters are time-consuming and voluminous. Extensions of time by consent of the parties have also become common, adding to further delays. Arbitrators need to balance between giving parties a fair opportunity to present their case and yet robust in controlling time and cost. Arbitrators should remain mindful of that one of the advantages of arbitration is flexibility. We should leverage on this and come up with creative processes that affords parties a fair hearing and yet manage time effectively.
What advice do you have for a young fellow practitioner interested in developing a career as an arbitrator?
Develop your skill in your own areas of expertise, particularly for those who are not legally trained. Pursue a course in international arbitration from one of the established arbitration institutes or universities. After completing a formal course, continue learning through conferences and seminars, reading articles and papers published by established arbitration experts. I am still learning every day.
Who is the person(s) who has had the greatest impact and/or influence on your career?
The late Mr C. S. Wu, or Fred as he was fondly called will always be my greatest inspiration and mentor. I admire him for his quick mind, sharp wit, and advocacy skills. If not for Fred, I would probably still be designing and supervising construction projects today.
If you weren’t in your current profession, what profession would you be in?
A professional golfer or wine connoisseur (haha). Just kidding! I would not trade what I am doing today for any other profession.
What’s your guilty pleasure?
Golfing, fine dining and red wine in that order.
What is one talent that not many people know you have?
I am a volunteer museum docent. I guide at the Asian Civilisation Museum and the Peranakan Museum. Come to one of my tours.