The Young Members' Group (YMG) of the Chartered Institute of Arbitrators (CIArb) held its final Supper Club of the year on 4 Dec 2019. The event was held at Kimme restaurant on Amoy St and graced by the inimitable Toby Landau QC and 22 guests. With Toby allowing guests to ask any question – but not promising to answer all of them – everyone engaged in free-flowing and engaging conversation throughout the evening. We would like to thank Toby Landau QC and all our guests for attending and we hope to see more of you at our next event next year.
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One of the highlights of the Singapore branch calendar, the annual CIArb Member’s Evening was held at the picturesque Empress Place on Thursday 28 November. It was a perfect opportunity for members to meet with old and new friends (including many from overseas), celebrate the events of the past year and welcome our new members and fellows. The winners of the Singapore branch's competition were announced with prizes for the winners being given out by Paul Sandosham, the branch chairman: Winner: Gerald Leong First Runner-up: Jared Tan Jun Hong Second Runner-up: Ong Sin Yee The Singapore branch expresses its congratulations to the prize winners. The Singapore branch also expresses its heartfelt thanks to Shaun Lee from Bird & Bird, Andrew G Moran QC from The Arbitration Chambers, Timothy Cooke from Stephenson Harwood and Katheleen Paisaley from Ambos for judging the competition.
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Over 120 attendees were treated to an engaging debate at the Annual CIArb-SIAC Debate on the motion "This House Believes that the Days of the ‘’Arbitration Heavyweights’’ are Numbered’. Professor Bernard Hanotiau and Ms Swee Yen Koh spoke in support of the motion, while Mr Jaikanth Shankar and Professor Lucy Reed opposed the motion. The debate was moderated by Mr Paul Sandosham (Chairman of CIArb Singapore), and judged by Professor Jean Ho, Ms Amanda Lees (Board Member CIArb Singapore) and Mr Andrew Pullen. One of the key points of contention was the precise definition of an "Arbitration Heavyweight", with the proposition and opposition advancing polar opposite definitions. The opposition gained favour with the audience with their argument that there is a new generation of “heavyweights”, that is individuals receiving their first few appointments and delivering robust, enforceable awards in an efficient manner. At the end of the debate, the Judges decided unanimously in favour of the opposition. This matched the results of the audience online voting, with 60% voting in favour of the opposition. Thanks go to Fountain Court and FTI for sponsoring the event, as well as to Clifford Chance for hosting the event at their offices.
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Paul Sandosham (Chairman of Singapore branch) and Chou Sean Yu (Chairman Professional Development Committee) conducted a workshop on International Arbitration Agreements in Ho Chi Minh City on 23 July 2019 at the invitation of VIAC.
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Paul Sandosham was invited to speak at the AIAC Asia ADR week conference in Kuala Lumpur from 27-29 June 2019. During the conference, Paul took the opportunity to meet with the chairs of the other CIArb branches in the region.
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The CIArb Young Members Group (“YMG”) was delighted to organise the inaugural YMG Pub Quiz held at Privé, Clarke Quay. The YMG Pub Quiz was jointly presented with LCM and ICC Young Arbitrators Forum. The Quiz was attended by around 40 participants who are all part of arbitration community in Singapore, including young arbitrators, counsel, corporate counsel, and experts. Eight teams of four to six participants competed to be crowned as the first ever winner of the YMG Pub Quiz. The Quiz Masters and sub-committee members of the CIArb YMG, Roger Milburn, Angela Yap and Chia Shi Jin led the teams in four rounds of challenging pub quiz style questions. The participants racked their brains to answer questions such as “how many stations are currently in operation on the Singapore MRT” and “name one of Beyonce and Jay-Z’s children”. Four competitive rounds and a tie-breaker question later, the open team named “Tom and Jeremy” emerged as the champion of the YMG Pub Quiz and took home the grand prize of Privé vouchers worth $350. Beer, wine and bar snacks were served throughout the night. Overall the young and senior members of the arbitration community had a good time mingling and getting to know one another.
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The CIArb Singapore branch held its 6th annual CIArb golf day on Saturday, 1 June 2019, at the Marina Bay Golf Course, in conjunction with the 6th Asean Law Association(S)-CIArb-Singapore Corporate Counsel Association Triangular Golf Game. Some 10 CIArb members and guests took part in this annual competition which had 24 golfers taking part, including Justice Lee Seiu Kin and Justice Chua Lee Ming, representing their respective associations to compete for the ALA(S)-CIArb-SCCA Triangular Challenge Cup. We are delighted to announce that the CIArb (which won the Inaugural Challenge Cup in 2014) managed to wrest the trophy back from the ALA (winners over the past 4 years) this year! The victory was by the slimmest of margins and very hard fought on a wonderful balmy morning against the impressive skyline of the Marina Bay. The event was thoroughly enjoyed by all participants from the associations and celebrated over post-golf lunch and drinks, and a prize presentation ceremony. Congratulations to the winners of our own CIArb Golf Day: Kevin Nash (first prize winner), Yong Eng Wah (second prize), Alban Kang (third prize), Chou Sean Yu (nearest the pin) and Alban Kang (longest drive). We would also like to thank our sponsors for their generous donation of the prizes, which included 2 nights’ staycation and breakfast packages at the Hotel Fort Canning (donated by Hotel Fort Canning), an Omakase and Wine-pairing dinner for two at Morsels @ Dempsey (donated by Morsels, WGS Best Restaurant of the Year 2017), luxury gift sets by Burberry, Ferragamo and Elizabeth Arden (donated by Luxasia Asia’s Beauty Omni Leader), and goodie bag items donated by WE Cinemas, Luxasia and others. Unfortunately, as there were no lady CIArb members taking part this year, we (generously) donated the prize reserved for the CIArb Ladies’ winner to the ALA’s lady winner! We look forward to next year’s event, when we hope to see everyone and our friends from the other associations again, and to retaining the Challenge Cup! Please remember to book your places early for next year’s competition and as a reminder, the event is open to all members of the CIArb, not only from the Singapore Branch but also from other branches around the world.
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“The Future of International Dispute Resolution: Innovation and Insights from the Asia-Pacific Region”, a one day conference, was held on 23 April 2019. Hosted by the Singapore CIArb branch in conjunction with the Australia, East Asia, Malaysia and Thailand CIArb branches, this conference brought together CIArb members and other international arbitration practitioners from across the Asia-Pacific Region.
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As a dispute resolution hub in a region of rapidly growing economies, Singapore is increasingly called upon to meet the expectations of parties from the civil law tradition. With the introduction of the Prague Rules, parties and tribunals may well be encouraged to venture beyond the conventional approaches of the IBA Rules on the Taking of Evidence to explore new options for pro-active case management and cost-containment in arbitration. Professor Walker assesses the promise of the Prague Rules to diversify the arbitrator’s toolkit and meet the challenges of Asian-centred dispute resolution.
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The recent emergence of FinTech has disrupted and sought to improve the delivery and use of traditional financial services worldwide. As businesses try to adapt to an evolving landscape of innovative modern technology integrated with financial services, the question is not if, but how extensively this will lead to complex and novel disputes. The seminar discussed on the current issues and opportunities in FinTech, the challenges that might arise and how parties can seek to effectively resolve their disputes.
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This seminar by Dr. Kate Parlett, a Barrister from 20 Essex Street, focused on State owned enterprises as claimants in investment arbitrations, looking at recent cases where jurisdictional challenges were made on the basis of the characteristics and functions of such enterprises. It provided an up-to-date analysis of the existing case law and provided practical guidance as to the issues that are likely to arise in these cases in the future.
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For this second workshop, we were delighted to have David Weill, Chairman of Patrimoine Asia, Jonathan Agmon, Founder and Head of the Singapore office of Soroker Agmon Nordman, Ashish Chugh, local principal of Baker & McKenzie.Wong & Leow and Olivier Marquais, Attorney-at-law in the Litigation and Risk Management Practice Group of Loyens & Loeff, to discuss smart contracts in relation to contracts law and intellectual property, the boom of ICOs and the recent emergence of STOs.
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In this session, Financial Markets experts from FTI Consulting’s Global Capital Markets practice covered the ‘needto‐ know’ concepts for capital markets, specifically aimed at knowledge required by litigation and arbitration lawyers.
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The first workshop provided a basic introduction to the distributed ledger technology.
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The CIArb Members Evening is a time for Members to come together, to build and strengthen the bonds that have been instrumental to the growth of our organisation.
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The Young Members Group (YMG) was pleased to present a roundtable event with a panel of international arbitration practitioners to discuss the topic on "How to Develop a Career in International Arbitration".
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London has traditionally been an attractive and popular centre for international dispute resolution. However, it is facing increasing competition, particular from South East Asia, including Singapore and Hong Kong. How will Brexit affect this? As negotiations continue towards Brexit, there are now some known knowns but still many known unknowns and even unknown unknowns. This seminar will consider the possible “shape” of UK dispute resolution post-Brexit (particularly as regards, jurisdiction and arbitration and enforcement of UK judgments and awards), what impact that might have upon the Asia Dispute Resolution scene and how Asian practitioners might seek to exploit Brexit so as to benefit their clients.
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CIArb (Singapore branch) is proud to partner with the Singapore International Arbitration Centre (SIAC) to offer a series of three workshops on arbitration proceedings at the SIAC. For the third and final workshop, we are delighted that the Deputy Registrar & Centre Director, Mr. Kevin Nash, and Associate Counsel of SIAC, Ms. Khyati Raniwala and Ms. Qian Wu, will discuss the various applications that may be made under the SIAC Rules 2016.
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CIArb (Singapore branch) is proud to partner with the Singapore International Arbitration Centre (SIAC) to offer a series of three workshops on arbitration proceedings at the SIAC. For the second workshop, we are delighted that the Registrar of the SIAC, Ms. Delphine Ho, and Associate Counsel of the SIAC, Mr. Kendista Wantah and Ms. Allison Goh, will offer a behind-the-scenes view on the commencement of arbitral proceedings at SIAC.
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What is and how can a tribunal control the use of guerrilla warfare in arbitration? This discussion will encompass a global analysis of what has been occurring in international arbitration, especially where a State or State agency is involved.
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About the Event: Arbitral institutions, as independent and neutral bodies that formulate the arbitral rules, administer the arbitrations and manage the financial matters of the arbitral process, are in a unique position of something of a regulator, and are able to hold Tribunals and Parties accountable for delays and actions that increase the costs of the arbitration. They should exercise their powers for the benefit of international arbitration.
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The CIArb Young Members Group was delighted to welcome Ms Anneliese Day QC and Ms Leigh-Ann Mulcahy QC to the April Supper Club held at the mezzanine dining area of Sabai Fine Thai on the Bay.
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The Young Members Group (YMG) is pleased to present the next roundtable event with a panel of international arbitration practitioners, to discuss the topic on “How to Develop a Career in International Arbitration”.
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CIArb (Singapore branch) is proud to partner with the Singapore International Arbitration Centre (SIAC) to offer a series of three workshops on arbitration proceedings at the SIAC. For the first workshop, we were delighted that Mr. Gary Born, the President of the SIAC Court of Arbitration, Mr. Kevin Nash, the Deputy Registrar & Centre Director, and counsel from the Secretariat offered a behind-the-scenes view on the workings of the Secretariat of the SIAC, and examined a wide variety of topics covering every aspect of the administration of an arbitration under the SIAC Rules.
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The 2nd CIArb Asia Pacific Diploma in International Commercial Arbitration was held in Hong Kong from 21 to 29 October 2017. The course was jointly organised by the Australia, East Asia and Singapore branches of the Chartered Institute of Arbitrators and its inaugural edition in Singapore was successfully launched in 2016.
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The CIArb Singapore branch is pleased to invite its members and guests to its annual gathering. The Members’ Evening is the perfect occasion for members and guests in the arbitration community to meet and interact. It is also an opportunity for us to welcome our new members and Fellows, as well as for the Board and Committees to express their appreciation to our members and supporters from Singapore and overseas who made this year’s events so successful.
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It is said that the differences between the civil law and common law legal systems become most acute during the taking of evidence. Could the IBA Rules, which are used in most international arbitration proceedings, be the bridge that joins the divide? At this event, eminent arbitrator Professor Hilmar Raeschke-Kessler discussed on the IBA Rules on the Taking of Evidence and in particular on the different approaches in civil law and common law jurisdictions. This event was organised by the Young Members Group of the Chartered Institute of Arbitrators, Singapore and hosted by CMS Singapore.
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Today’s businesses generate vast amounts of data and information; the key to managing that data for a forensic investigation and extracting meaningful information is using the right experts at the right time. In this talk, real world examples of cases and the best strategy to ensuring being data ready for proceedings, were discussed.
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In practice, differing approaches are often taken to the calculation of these losses and disagreements between experts are common. The talk included a recap of the fundamental and less contentious aspects of applying discounts for accelerated receipt and explored some of the disputed aspects, including: • What discount rates other than WACC might be applied and why; • A comparison of the ex ante and ex post approaches to loss quantification; and • How issues arising in cases from Bwllfa to Bunge v Nidera can impact on the work of financial experts and affect the instructions they require from counsel.
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On 5 September 2017, CIArb organised a Young Members Group (“YMG”) roundtable event at SMU School of Law on “How to Develop a Career in International Arbitration”. The event panel was made up of international arbitration practitioners with diverse backgrounds in international arbitration. It comprised of Koh Swee Yen of WongPartnership LLP, Gitta Satryani of Herbert Smith Freehills, Kevin Nash of Singapore International Arbitration Centre, and chaired by Benson Lim of Hogan Lovells Lee & Lee.
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CIArb Singapore had the privilege of hosting leading international arbitrator, Professor Janet Walker, as she delivered a talk challenging the conventional approach to managing the arbitration through a comprehensive plan fixed at the outset.
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The SIAC-CIArb Debate was held on 8 June 2017 in a packed ballroom of 256 delegates at The Westin Singapore. Opening remarks were delivered by Mr Gary Born (President, SIAC Court of Arbitration) and Mr Chou Sean Yu (Chairman, Board of CIArb Singapore), and the Debate featured Mr Toby Landau QC, Mr Darius J Khambata SC, Mr Emmanuel Gaillard and Ms Judith Gill QC, titans of international arbitration. - Monica Chong Wan Yee, Senior Associate, WongPartnership
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Over the last four years, this friendly annual triangular golf challenge tournament has helped to forge stronger ties among the ASEAN Law Association (Singapore), the CIArb Singapore Branch and the Singapore Corporate Counsel Association and to provide a platform for members of these associations to interact with one another. The 5th ALA(S)-CIArb-SCCA Friendly Triangular Golf Game was held on 1 June 2017 at Raffles Country Club.
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The Chartered Institute of Arbitrators (CIArb) Singapore Branch was delighted to receive a delegation from the Bangladesh International Arbitration Centre (BIAC) to attend the Introduction to International Arbitration course in Singapore on 19-20 January 2017. This 2-day training was successfully organised and well attended by 47 delegates from the public and private sectors of Bangladesh. The course provided an understanding of the general principles of international (i.e. non-domestic) arbitration and its relationship to other dispute resolution processes, as well as an introduction to the legal framework of, and good practice and procedure in, international arbitration in their jurisdiction. Led by Mr. Francis Xavier (Chairman, CIArb Singapore) & Mr. Chou Sean Yu (Vice-Chairman, CIArb Singapore), the teaching team included Ms. Sapna Jhangiani, Ms. Amanda Lees and Mr Paul Sandosham as well as two guest speakers Ms. Delphine Ho from SIAC and Mr. Abhinav Bhushan from the International Chamber of Commerce (ICC). Mr. Shahidul Haque, Secretary to the Legislative and Parliamentary Affairs division of the Ministry of Law, Justice and Parliamentary affairs of Bangladesh, graced the inaugural ceremony together with distinguished guests Ms Lim Seok Hui, Chief Executive of Singapore International Arbitration Centre (SIAC), Mr. Muhammad A. (Rumee) Ali, CEO of BIAC and Mr Ataur Rahman, Secretary General of ICC Bangladesh. The ceremony also witnessed the signing of the Memorandum of Understanding (MoU) between BIAC and the Singapore International Arbitration Centre (SIAC) to foster closer alliance and partnership. Besides being a learning platform, there were ample opportunities for delegates, speakers and guests to meet and network, which was a great takeaway from the event.
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We were delighted to have Mr David Bailey QC, a commercial law specialist from 7 King’s Bench Walk, London, to give a talk at Maxwell Chambers. He has a substantial international arbitration practice and has been involved in some of the most significant cases dealing with anti-suit injunctions. Crescendo Maritime v Bank of Communications [2016] 1 Lloyd’s Rep. 414 is the latest decision to address the problem of direct and collateral attacks on arbitration agreements and awards. The case concerned an arbitration claim by a buyer on a refund guarantee issued in connection with a ship building contract. Having lost the arbitration, the refund guarantor commenced proceedings in China against the buyer and a third party alleging fraud. The question for the court was whether those proceedings amounted to a 'collateral attack' upon the arbitration and the award and, if so, what remedies should be granted to the buyer and the third party. These were discussed by Mr Bailey during the talk.
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One of the perceived disadvantages of arbitration as against Court litigation is that the party which chooses to be uncooperative can delay an arbitration to a greater extent than would be possible in Court litigation. Non-cooperation can manifest itself across a broad spectrum from merely playing hard ball to what are often described as guerrilla tactics, that is extreme behaviour which can sometimes amount to criminal behaviour. The speaker will look at some of the ways this non- cooperation can manifest itself and how arbitral tribunals can deal with it.
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We were delighted to welcome honorary guest, and leading international arbitrator, Professor Doug Jones AO to the first ever Singapore YMG Supper Club. This exclusive event was held in a private room at the prestigious Tower Club in the Republic Plaza building, Raffles Place. Professor Jones introduced the topic for the evening, “the role of the tribunal secretary” before inviting discussion over supper. The debate was lively and covered a range of angles and opinions. A delicious supper, great views and good company rounded off a fantastic evening. By popular demand the YMG will be holding further Supper Clubs, with notable speakers at great locations.
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Project management skills have become an essential requirement for arbitrators. In this seminar, Ben Giaretta will discuss the project management tools and techniques that can be used by arbitrators in order to ensure that arbitration proceedings are conducted expeditiously and economically.
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“There is a great deal to think about as the sun rises over this glorious golden age of arbitration. But the time has come to reflect on what we must do to ensure the arbitration industry remains sustainable for the next generation.” - Chief Justice Sundaresh Menon ICCA 2012. Singapore-based arbitrator, David Bateson gives a critical review of the current state of international arbitration, covering areas of both growth and improvement, concern and complaints. What does the future hold?
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The Accelerated Route to Fellowship (ARF) course was conducted on 21 and 22 March 2013. The ARF offers successful candidates a fast track route to obtaining Fellowship status. This 2-day workshop was attended by 15 candidates.
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The one-day course was conducted on 20 November 2015. Attended by 22 candidates, the course provided an understanding of the general principles of international (i.e. non-domestic) arbitration and its relationship to other dispute resolution processes. The course also provide candidates with an introduction to the legal framework of, and good practice and procedure in, international arbitration in their jurisdiction.
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The 3rd CIArb-ASEAN Law Association-Singapore Corporate Counsel Association Golf triangular challenge together with the Singapore Branch’s annual golf tournament was held on 25 June 2015 at the tough but picturesque Seletar Country Club. Boosted by a strong team, ALA retained the trophy for the triangular challenge. The winners in the Singapore Branch’s tournament were: Champion : Lee Ah Teng (Stableford Points: 35) 1st Runner-Up: Richard Tan (Stableford Points: 34) 2nd Runner-Up: Simon Sloane (Stableford Points: 34)
The CIArb Singapore Centenary Celebration Conference held on 3 & 4 September 2015 at Marina Bay Sands was a resounding success, with over 320 delegates, comprising of senior judges and judicial officers, international arbitration counsel, representatives of arbitral institutions, in-house legal counsel, arbitrators, industry professionals and law students attending the Conference. The highlight of the Conference was the keynote address entitled "Standards in need of bearers: Encouraging reform from within" by the Honourable the Chief Justice Sundaresh Menon, Chief Justice of Singapore and Patron of CIArb. The Conference also saw the global launch of the CIArb Guidelines with three panel sessions dedicated to discussing some of the more widely used guidelines.
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The Accelerated Route to Fellowship (ARF) course was conducted on 22 and 23 May 2013. The ARF offers successful candidates a fast track route to obtaining Fellowship status. This 2-day workshop was attended by 15 candidates.
This is an annual mid-year gathering and cocktail reception for members, supporters and colleagues in the arbitration community. The winners of the Asia-wide CIArb Singapore 2014 Essay Competition jointly organized by the CIArb Singapore Branch and Thirty Nine Essex Street Chambers on the topic “Asia’s diversity: the strength of Asia’s arbitration centres lies in their differences not in their similarities” will be announced during the gathering. We are honoured to have Justice Quentin Loh as our Guest of Honour for the evening, who has also very kindly agreed to present the prizes to the winners of the 2014 Essay Competition.
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The Accelerated Route to Fellowship (ARF) course was conducted on 22 and 23 May 2013. The ARF offers successful candidates a fast track route to obtaining Fellowship status. This 2-day workshop was attended by 15 candidates.
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CIArb Singapore Golf Day cum Triangular Golf Friendly with Asean Law Association (S) and Singapore Corporate Counsel Association, Friday, 31 May 2013 at the Singapore Island Country Club 31 May 2013 saw the inaugural friendly triangular golf game between the ASEAN Law Association (Singapore), the Chartered Institute of Arbitrators (Singapore) and the Singapore Corporate Counsel Association being played at the Island Course in the Singapore Island Country Club. Save for the interruption by adverse weather towards the end, the event proved to be most enjoyable and memorable for the 45 participants who sweated and put in their best efforts for the associations they were representing in vying for the challenge trophy. In the end, Team CIArb won the challenge trophy but just by one Stableford point ahead of Team ALA. All the same, hip-hip-hooray Team CIArb! The CIArb golf tournament that took place concurrently with the friendly triangular saw keen competition amongst CIArb members. This tournament was won by Lee Ah Teng. Yong Eng Wah took the second placing and the third placing went to Carl Wong. Congratulations to the winners! The sumptuous buffet dinner with its generous spread after the golf game was equally enjoyable. The evening presented a splendid opportunity for participants to mingle and get to know each other. Speeches in the form of golf jokes by Justice Lee Seiu Kin, Richard Tan and Chua Lee Ming provided the laughter that made the event completely memorable. We would like to express our thanks and gratitude to the main sponsor – Thirty Nine Essex Street Chambers, and to the subsidiary sponsors – Rajah & Tann and Merrill Corporation, for their generous contributions. Last but not least, special thanks to Justice Lee Seiu Kin, Richard Tan and Chua Lee Ming for donating the challenge trophy for the triangular golf game.
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