Welcome to Singapore International Arbitration Centre http://www.siac.org.sg/component/content/?view=featured Mon, 11 Dec 2017 15:43:11 +0800 Joomla! - Open Source Content Management en-gb SIAC Signs Memorandum of Understanding with the Institute of Modern Arbitration of the Russian Federation http://www.siac.org.sg/69-siac-news/546-siac-signs-memorandum-of-understanding-with-the-institute-of-modern-arbitration-of-the-russian-federation http://www.siac.org.sg/69-siac-news/546-siac-signs-memorandum-of-understanding-with-the-institute-of-modern-arbitration-of-the-russian-federation

17 October 2017
SIAC Signs Memorandum of Understanding with the Institute of Modern Arbitration of the Russian Federation


The Singapore International Arbitration Centre (SIAC) is pleased to announce that it has entered into a Memorandum of Understanding (MOU) with the Institute of Modern Arbitration (IMA) of the Russian Federation to support and promote the development of Singapore and Russia’s arbitration regimes.

Under the MOU, SIAC will conduct training programmes, seminars and workshops for IMA and the arbitrators of the Arbitration Center established at the IMA. In addition, the institutions will also co-organise seminars, conferences and workshops in international arbitration.

The MOU was signed by Ms Delphine Ho, Registrar of SIAC, and Mr Andrey Gorlenko, General Director of IMA, at the 8th Session of the High-Level Russia-Singapore Inter-Governmental Commission (IGC8) in Moscow.

Mr Andrey Gorlenko, General Director of IMA, said, "IMA has established The Arbitration Center at the IMA, which is one of the first permanent arbitral institutions authorised by the Russian Government to administer disputes under the new Russian arbitration law. We are delighted to have entered into an MOU with SIAC, and are confident that this collaboration will enable both institutions to forge closer ties with existing and potential users of international arbitration in both Russia and Singapore."

Ms Lim Seok Hui, CEO of SIAC, commented that “SIAC and IMA agree on the importance of staying focused on providing efficient, expert and enforceable dispute resolution services to parties from diverse legal systems and cultures such as Russia and Singapore. Through this MOU, we hope to work jointly with IMA to promote and develop international arbitration as a preferred mode of dispute resolution for cross-border commercial disputes involving Russian companies and businesses.”

For more information, please contact:

Singapore International Arbitration Centre
T: +65 6713 9777
E: corpcomms@siac.org.sg
W: www.siac.org.sg
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Tue, 17 Oct 2017 14:54:19 +0800
SIAC Opens its Second Representative Office in India in GIFT http://www.siac.org.sg/69-siac-news/542-siac-opens-its-second-representative-office-in-india-in-gift http://www.siac.org.sg/69-siac-news/542-siac-opens-its-second-representative-office-in-india-in-gift

10 August 2017
SIAC Opens its Second Representative Office in India in GIFT

The Singapore International Arbitration Centre (SIAC) is pleased to announce that it has opened a second representative office in India (after its Mumbai representative office which was established in 2013), in the International Financial Services Centre in Gujarat International Finance Tec-City (GIFT IFSC), Gujarat. This is pursuant to the Memorandum of Agreement entered into last year between SIAC, the Gujarat International Finance Tec-City Company Limited (GIFTCL) and GIFT SEZ Limited (GIFT SEZ).

Mr Ajay Pandey, MD and Group CEO of GIFTCL, said, "We are delighted that SIAC has opened an office in GIFT IFSC. We believe SIAC will provide a neutral and independent dispute resolution platform to parties, thereby enabling them to undertake large international financial transactions from GIFT IFSC. GIFT companies will also start adopting SIAC's model clause as their preferred dispute resolution clause for international contracts exceeding a certain value. With increasing participation by international and domestic parties in GIFT IFSC, an international dispute resolution mechanism will be useful in making GIFT IFSC a global financial hub along the lines of London, Dubai, Hong Kong, Singapore and New York." Ms Lim Seok Hui, CEO of SIAC, commented that "SIAC greatly values its Indian users who have contributed significantly to the success of SIAC as one of the world's premier arbitral institutions. Opening a second SIAC office in India in GIFT IFSC will allow SIAC to participate in GIFT's economic development through the provision of a world-class dispute resolution mechanism to businesses and investors within GIFT IFSC, and will deepen SIAC's existing ties with the legal and business communities in India."

For more information please contact:

Singapore International Arbitration Centre
T: +65 6713 9777
E: corpcomms@siac.org.sg
W: www.siac.org.sg
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Thu, 10 Aug 2017 11:13:18 +0800
Confidential and Restricted-Access Information in International Commercial Arbitration http://www.siac.org.sg/69-siac-news/544-confidential-and-restricted-access-information-in-international-commercial-arbitration http://www.siac.org.sg/69-siac-news/544-confidential-and-restricted-access-information-in-international-commercial-arbitration

18 July 2017
Confidential and Restricted-Access Information in International Commercial Arbitration
(Elliott Geisinger, Partner, Schellenberg Wittmer Ltd)


By Elan Krishna, Senior Associate, Clifford Chance Asia

The YSIAC Lunchtime Event titled ‘’Confidential and Restricted-Access Information in International Commercial Arbitration’’, was held at Clifford Chance, Singapore, on 18 July 2017. The event attracted over 130 attendees, comprising corporate counsel, practising lawyers and academics.

The instructive session centered on the topic of confidentiality in arbitration, rather than confidentiality of arbitration (on which much has been written). The issue of confidential information is a significant one and arises frequently in international commercial arbitration, for example, in determining the impact of certain regulations (such as anti-trust regulations), on the conduct of proceedings, and the need for redacted information.

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Welcome Address delivered by Kevin Nash

Members of the audience

First, Mr Geisinger observed that confidentiality restrictions are meant to protect various legally recognised interests: (1) private interests (such as trade secrets and pricing strategies), (2) public interests (such as defence secrets and interests of the community represented by the State, like competition law), and (3) hybrid interests (such as data protection and legal privilege).

Second, he noted that while most institutional rules provided for general and broad powers of arbitrators to conduct proceedings as they deem appropriate and to decide on the admissibility of evidence, making such determinations in practice is often a complicated exercise.

He gave the example of an arbitration where he sat as an arbitrator. The disclosing party was given the choice of providing redacted documents or unredacted versions which would be disclosed to a limited group of individuals. The disclosing party chose to provide redacted documents and when there was a dispute as to the extent of the redactions, Mr Geisinger and his tribunal members had to render a 21-page procedural order to resolve the issue.

This raises the broader question of whether an arbitral tribunal should be given access to unredacted documents that one party does not have access to. Similar issues would arise when a party's expert issues "censored" and "uncensored" versions of expert reports. Mr Geisinger cautioned that this raises natural justice and due process concerns, and that an arbitral tribunal should be extremely slow to seek information that the least-informed party to the arbitration does not have access to.

To deal with this issue, it is increasingly common for parties and arbitral tribunal to agree to restrict the circle of recipients of confidential material. The terms "Counsel eyes only", "Tribunal's eyes only" and "Confidentiality clubs" have become part of the arbitration vocabulary. Mr Geisinger warned that whatever arrangement is agreed, there is still a need for appropriate confidentiality undertakings, including undertakings on the destruction of documents after the arbitration is completed. Such arrangements would only work if there is sufficient trust in the parties given access to the confidential material.

Third, the issue of confidentiality also arises in the issuance of the award. Arbitral tribunals have dealt with this by a variety of means, including, (1) issuing a single award without the confidential information, and (2) issuing two awards: one with "complete" reasons, and another "redacted"/ "censored" award.

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Elliott Geisinger

Left to Right: Lijun Chui and Elliott Geisinger

Mr Geisinger noted that the form of the award was a crucial issue, and one that required the parties' agreement or the arbitral tribunal's ruling on at an early stage. Otherwise, there might be major problems downstream. For example, if there were no parties’ agreement or tribunal’s ruling on whether the award was to contain reasons, and the arbitral tribunal did not set out its reasoning for its decision in the award, parties would face difficulty deciding whether or not to challenge the award, or would have no basis for such a challenge. Equally, at the enforcement of award stage, the enforcing court would not be able to decide whether the reasoning of the arbitral tribunal was open to scrutiny.

Fourth, Mr Geisinger discussed the notions of due process and equal treatment in dealing with the issue of confidentiality in arbitration. He noted that while these could be waived (unilaterally or by agreement) and that the arbitral tribunal had broad powers in the conduct of proceedings, such powers should be exercised with restraint and it was paramount to maintain trust between the parties and the arbitral tribunal.

He also highlighted the lack of uniformity in national legislation on the issue of confidentiality in arbitration, as well as the concomitant need to have regard to the law and judicial practice at the seat of the arbitration and the place of enforcement.

Finally, he closed by noting that there was no single response in practice because there was no single legal standard and a wide diversity in potential scenarios. His general recommendation was to identify potential confidentiality concerns as early as possible in the proceedings and to seek agreement between the parties and the arbitral tribunal at the outset.
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Thu, 21 Sep 2017 09:12:16 +0800
SIAC Seminar on "The Confluence of Civil Law and Common Law Influences in International Arbitration Practice and Procedure" http://www.siac.org.sg/69-siac-news/543-siac-seminar-on-the-confluence-of-civil-law-and-common-law-influences-in-international-arbitration-practice-and-procedure http://www.siac.org.sg/69-siac-news/543-siac-seminar-on-the-confluence-of-civil-law-and-common-law-influences-in-international-arbitration-practice-and-procedure

14 July 2017
SIAC Seminar on "The Confluence of Civil Law and Common Law Influences in International Arbitration Practice and Procedure"


By Masao Fujino, Managing Associate, Orrick

On 14 July 2017, SIAC held a seminar at Nishimura & Asahi in Tokyo, titled, “The Confluence of Civil Law and Common Law Influences in International Arbitration Practice and Procedure”. An audience of over 70 attendees, comprising corporate counsel, practising lawyers and academics, attended the seminar.

In the first panel discussion, the civil law influences in international arbitration were discussed and examined by the civil law-trained practitioners. The panel was moderated by Mr Hiroyuki Tezuka (Member, SIAC Court of Arbitration; Partner, Nishimura & Asahi) and was comprised of Mr Aoi Inoue (Member, YSIAC committee; Partner, Anderson Mori & Tomotsune), Ms Yoshimi Ohara (Partner, Nagashima Ohno & Tsunematsu), Dr Eun Young Park (Member, SIAC Court of Arbitration; Partner, Kim & Chang) and Mr Mugi Sekido (Partner, Mori Hamada & Matsumoto).

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Members of the audience during Welcome Address by Hiroyuki Tezuka

Left to Right: Aoi Inoue, Yoshimi Ohara, Hiroyuki Tezuka, Dr Eun Young Park and Mugi Sekido

The civil law-trained panellists were of the view that the court procedures in civil law jurisdictions were more efficient than the court procedures in common law jurisdictions. Mr Inoue commented that parties could exchange arguments more efficiently in civil law procedures by presenting all their important arguments and evidence at the initial stages, whereas common law court procedures allowed the parties to present their important arguments late in the proceedings, even after extensive discovery had taken place. Mr Tezuka pointed out that civil law-trained arbitrators would sometimes try to clarify the issues in dispute after the first round of document submission, whilst this would be an uncommon practice for common law-trained arbitrators. Mr Sekido shared his personal experience in an arbitration where the common law-trained arbitrators had allowed additional exchanges of briefs requested by the other party, upholding a party’s right to present their case, even though the adverse party’s arguments, in substance, were not entirely convincing.

In the second panel discussion, the common law influences in international arbitration were discussed and examined by the common law-trained practitioners. Mr Haig Oghigian (Senior Counsel, Squire Patton Boggs) was the moderator and the panellists were Mr Chris Bailey (Partner, King & Spalding), Mr Chan Leng Sun, SC (Deputy Chairman, SIAC Board of Directors; Principal, Baker McKenzie. Wong & Leow) and Mr Chong Yee Leong (Member, SIAC Board of Directors; Partner, Allen & Gledhill).

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Common law-trained panellists during the second panel discussion

Left to Right: Chris Bailey, Haig Oghigian, Lim Seok Hui, Hiroyuki Tezuka, Dr Eun Young Park, Chan Leng Sun, SC, Chong Yee Leong, Yoshimi Ohara, Mugi Sekido and Aoi Inoue

The common law-trained practitioners were sceptical whether, given the nature of civil law procedure, all relevant facts would be adduced in a pure civil law proceeding. Mr Bailey mentioned that in many disputes, most of one’s time and attention would be spent on examining and analysing the facts of the case, and not on the arbitral rules or procedures. In his view, what was most needed in international arbitration was a flexible set of arbitral rules or procedures that could be made applicable to a wide variety of factual scenarios. Mr Chong added that current international arbitration practice and procedure was a hybrid system of common law and civil law influences, as requests for documents were allowed, but only when a party had shown that the opposing party had a relevant document that is material to the outcome of the case. Parties were also given a limited time for cross examination. Noting that US procedures, such as depositions and unlimited discovery, had not been adopted in international arbitration, Mr Chan commented that civil law jurisdictions have probably had a greater influence in shaping this aspect of international arbitration practice as compared to common law jurisdictions.

In the last session, the civil law and common law-trained panellists from the first two sessions came together for a joint Q&A segment. One question raised by the audience was whether there were any significant differences regarding privilege rules between common law jurisdictions and civil law jurisdictions. Ms Ohara explained that in common law jurisdictions, due to the broad scope of discovery obligations, privilege rules exist as a means for parties to refuse to produce their correspondence with their attorneys. In contrast, in civil law jurisdictions, as there were no broad discovery obligations, attorneys were only bound by confidentiality obligations. She further explained that for international arbitrations, the IBA rules have dealt with these differences in practice by stating that arbitrators may exclude evidence based on privilege, but should also take into account considerations of fairness and equality between the parties.

Another issue discussed during the joint Q&A segment was whether a party should choose arbitrators from civil law jurisdictions when the seat of arbitration was a civil law jurisdiction. Mr Inoue answered that if the governing law was the national law of a civil law jurisdiction and the parties were from civil law jurisdictions, generally speaking, parties should choose civil law arbitrators because they would be more familiar with the traditions and substantive laws of civil law jurisdictions. Mr Oghigian added that his personal stance was that the issues to be adjudicated on were more important than where an arbitrator was from. On this issue, Mr Tezuka pointed out that common law arbitrators would tend to render broader interim measures. Dr Park also explained that since procedural rules of international arbitrations were not prescriptive and arbitrators had the power to decide actual procedures, following from common law practice, arbitrators from common law jurisdictions would tend to be more flexible in granting interim relief.SaveSaveSaveSaveSaveSave
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Tue, 12 Sep 2017 11:46:18 +0800
SIAC Seminar on "Crystal Ball Gazing into the Future of International Arbitration" http://www.siac.org.sg/69-siac-news/541-siac-seminar-on-crystal-ball-gazing-into-the-future-of-international-arbitration http://www.siac.org.sg/69-siac-news/541-siac-seminar-on-crystal-ball-gazing-into-the-future-of-international-arbitration

27 June 2017
SIAC Seminar on "Crystal Ball Gazing into the Future of International Arbitration"


By Saemee Kim, Associate, Lee & Ko

On 27 June 2017, SIAC held a successful seminar at Kim & Chang in Seoul, titled “Crystal Ball Gazing into the Future of International Arbitration”, which provided an insightful and practical discussion on the future of international arbitration. The panel, moderated by Dr. Eun Young Park (Kim & Chang, member of the SIAC Court of Arbitration), was composed of Gary Born (Wilmer Cutler Pickering Hale and Dorr LLP; President of the SIAC Court of Arbitration), Matthew Christensen (Bae, Kim and Lee LLC), Robert Wachter (Lee & Ko), Sae Youn Kim (Yulchon LLC) and Jun Hee Kim (Hyundai Heavy Industries Co., Ltd). An audience of over 70 corporate counsel, practising lawyers and academics attended the seminar.

Dr. Eun Young Park kicked off the session with his welcome address and introduced the eight issues selected in advance by the attendees during the online registration: (1) Winter is coming: defending international arbitration: (2) Prospects of international arbitration in Korea and the APEC region, (3) Third-party funding (TPF); (4) Emergency Arbitration (EA), (5) Selecting an arbitral institution, (6) Arbitrator diversity; (7) Brexit’s impact on arbitration; and (8) Time limits for rendering of awards.

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Dr. Eun Young Park delivering Welcome Address

Members of the audience

Inspired by the Game of Thrones, Mr. Born began the discussion with the pithy phrase, “Winter is coming for international arbitration”. Continuing the Game of Thrones metaphor, he explained that after 30 years of a warm, peaceful, and constructive summer in which commercial arbitration and investment arbitration flourished, it was now time to defend arbitration from attacks by its critics.

Mr. Christensen shared a more optimistic view, citing the recent enactment of the Arbitration Promotion Act in Korea as an indication of positive prospects for international arbitration in Korea. Adding the perspective of an in-house counsel, Mr. Kim commented that although arbitration is not perfect, its flexibility and adaptability make it attractive to users.

As the discussion turned to the topical issues of TPF and EA, Mr. Born suggested that TPF may raise issues such as counsel ethics, disclosure obligations, and the authority of tribunals to order disclosure, which will need to be carefully managed. Ms. Kim explained that the traditional fee arrangement prevalent in Korea, which shares the litigation risk between counsel and clients, may explain TPF’s slow uptake in Korea. However, she stressed that TPF is not prohibited under Korean law and encouraged Korean lawyers to consider the change.

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Left to Right: Matthew Christensen, Jun Hee Kim and Gary Born

Left to Right: Dr. Eun Young Park, Kim Sae Youn and Robert Wachter

Dr. Park then raised the intriguing question of whether the EA mechanism is “good, bad or ugly.” For Mr. Born, the “ugly” part is the short turnaround time for respondents to respond. Nonetheless, the panellists agreed that EA is indispensable, and access to justice for parties outweighs the challenges for lawyers arising from the short time periods in an EA.

Regarding arbitral institutions, Mr. Wachter identified three issues to consider when selecting an institution: how the institution would select the presiding arbitrator of the tribunal, costs, and how fast the award would be rendered.

As the discussion moved to arbitrator diversity, the recent Arbitrator Intelligence (AI) project grabbed the audience’s interest. While Mr. Wachter suggested that AI could inadvertently create barriers to entry for minorities or young practitioners, as those candidates would likely have limited profiles, Mr. Born suggested that AI would actually increase arbitrator diversity by providing users with more information about lesser known candidates.

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Left to Right: Seah Lee, Matthew Christensen,
Robert Wachter, Gary Born, Kim Sae Youn,
Dr. Eun Young Park and Jun Hee Kim

Gary Born with members of the audience

Ms. Kim shared her view that Brexit will not necessarily affect international arbitration in England, although the attractiveness of the English courts as a forum for dispute resolution could be affected by the United Kingdom’s withdrawal from the Brussels Convention.

As for the last issue concerning time limits for rendering of awards, Mr. Kim shared his experience with respect to Indian arbitrations and emphasised that in addition to the efficiency of the arbitration proceedings, users should also be aware of potential issues at the enforcement stage, which might impact on the overall efficiency of the arbitration mechanism.

Mr. Born concluded the seminar with a reminder to the audience of the importance of arbitration, and a clarion call for arbitration lawyers to become a “hunter instead of being hunted.”
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Tue, 25 Jul 2017 09:08:52 +0800
YSIAC Conference 2017 http://www.siac.org.sg/69-siac-news/540-ysiac-conference-2017 http://www.siac.org.sg/69-siac-news/540-ysiac-conference-2017

9 June 2017
YSIAC Conference 2017


The YSIAC Conference 2017, held in Singapore on 9 June 2017, attracted almost 200 delegates from 12 jurisdictions, with delegates attending from places as far away as Sint Maarten, the United Kingdom and the United States.

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Left to right: Davinder Singh, SC, Koh Swee Yen,
Lim Seok Hui, Gary Born and Duncan Matthews QC

Members of the audience

The theme of this year’s Conference was “Evolution and Innovation: Keeping Pace with the Future of Arbitration”, which explored the various innovations in international arbitration and how one should evaluate, approach and keep pace with these innovations.

The Conference kicked off with a Welcome Address by Mr Davinder Singh, SC (CEO, Drew & Napier LLC; Chairman, SIAC Board of Directors). In his speech, Mr Singh highlighted SIAC’s commitment towards bright, young arbitration practitioners from all around the world, who were “hungry to get their first appointments as arbitrators” and make a name for themselves in the international arbitration field. Mr Singh said he was impressed and touched by the determination, drive, energy and enthusiasm of these young arbitration practitioners, who lacked only the right opportunities, and who would be committed to devote a great deal of time and attention to the cases if they were appointed as arbitrators. Mr Singh called on the young arbitration practitioners to partner with SIAC, and stated his willingness to meet these young practitioners to understand better the challenges that they faced in succeeding in the field of international arbitration and what SIAC could do to help them achieve their goals.

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Welcome Address by Davinder Singh, SC

Keynote Address by Gary Born

The Keynote Address for the Conference was delivered by Mr Gary Born (Chair, International Arbitration Practice Group, Wilmer Cutler Pickering Hale and Dorr LLP; President, SIAC Court of Arbitration). Mr Born provided two useful guiding principles for evaluating the various proposals to reform international arbitration, which he termed as the “do” and the “don’t”. In respect of the “do”, as arbitration is at the end of the day founded on parties’ consent, Mr Born said that a good innovation for arbitration should reflect parties’ consent and what parties want from arbitration. In respect of the “don’t”, Mr Born highlighted that in evaluating proposed innovations for arbitration, one should not simply attempt to emulate the national courts and the processes there. Whilst courts aim to provide a “one-size-fits-all” type of justice, arbitration is founded on parties’ consent, and provides justice tailored to the parties and to their particular dispute.

The Keynote Address was followed by lively and thought-provoking ‘’speed conferencing’’ sessions on hot topics in international arbitration. The 10 topics selected for the speed conferencing sessions showcased topical issues faced by arbitration practitioners in the course of their practice today, such as the impact of artificial intelligence on the practice of international arbitration, conflict of interest issues and confidentiality concerns in an era of greater transparency.

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Delegates during Speed Conferencing Sessions

Delegates during Speed Conferencing Sessions

The insights and conclusions drawn from the speed conferencing sessions were then summarised and presented by the moderators in two plenary sessions chaired by Mr Duncan Matthews QC (Barrister and Arbitrator, 20 Essex Street Chambers).

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Duncan Matthews QC

Left to Right: Rishab Gupta, Duncan Matthews QC and Suegene Ang

Turning the spotlight to the in-house counsel user, the final panel was a GC Panel titled “The General Counsel’s Perspective on the Future of International Arbitration”. The Panel comprised a stellar line-up of GCs, namely Mr Bhaskar Chandran (Group President, Legal, GMR Group), Mr Cameron Ford (Corporate Counsel, Rio Tinto), Ms Geraldine Lim (Regional Legal Director, Heineken Asia Pacific), and Ms Valerie Tan (Country Head Legal, ABN AMRO Bank N.V., Singapore Branch), and was moderated with great aplomb by Mr Chelva Rajah, SC (Managing Partner, Tan Rajah & Cheah; Member, SIAC Board of Directors). This interactive session provided delegates with an opportunity to engage in an interesting dialogue with the end users of arbitration on how they perceived and utilised the arbitration mechanism to meet their corporate goals, and how arbitration could be reformed to better serve the needs of corporate organisations.

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Left to Right: Bhaskar Chandran, Geraldine Lim,
Chelva Rajah, SC, Valerie Tan and Cameron Ford

Left to Right: Bhaskar Chandran, Cameron Ford,
Chelva Rajah, SC, Geraldine Lim and Valerie Tan

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Member of the audience during Q&A

Members of the audience

The highlight of the Conference was the feisty debate that followed, on the motion “This House Believes that Arbitrators become Better with Age”. Moderated by Mr Darius J. Khambata, SC (Member, SIAC Court of Arbitration), the speakers for the motion were Ms Foo Yuet Min (Director, Drew & Napier LLC; Member, YSIAC Committee) and Mr Toby Landau QC (Barrister and Arbitrator, Essex Court Chambers; Member, SIAC Court of Arbitration) and the speakers against the motion were Mr Emmanuel Gaillard (Head, International Arbitration Practice, Shearman & Sterling LLP; Member, SIAC Court of Arbitration) and Mr Jern-Fei Ng (Barrister, Essex Court Chambers; Member, YSIAC Committee).

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Left to Right: Foo Yuet Min, Toby Landau QC, Darius J. Khambata, SC, Emmanuel Gaillard and Jern-Fei Ng

Members of the audience voting during the debate

Ms Lim Seok Hui, CEO of SIAC, closed the Conference by thanking the speakers and sponsors, for contributing to the success of this flagship biennial YSIAC event. The day ended with Friday evening networking drinks for the delegates.

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Closing Remarks by Lim Seok Hui

Left to Right: Emmanuel Gaillard, Toby Landau QC, Foo Yuet Min,
Lim Seok Hui, Darius J. Khambata, SC, and Jern-Fei Ng


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Delegates during the Cocktail Evening

Delegates during the Cocktail Evening

Please look out in the upcoming July 2017 issue of the YSIAC Newsletter for more write-ups of the YSIAC Conference sessions.
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Sun, 23 Jul 2017 07:56:09 +0800
SIAC-CIArb Debate http://www.siac.org.sg/69-siac-news/539-siac-ciarb-debate http://www.siac.org.sg/69-siac-news/539-siac-ciarb-debate

8 June 2017
SIAC-CIArb Debate


Report by Emmanuel Chua
Senior Associate, Herbert Smith Freehills LLP

This year's edition of the SIAC-CIArb Debate, held on 8 June 2017, at The Westin in Singapore, proved to be a feisty affair. Marked from the get-go by an application from the proposition to remove two members of the judging panel on grounds of apparent bias (subsequently withdrawn), audience heckling and a hung tribunal, four titans of international arbitration (including 3 members of the SIAC Court of Arbitration) argued whether "The Practice of Party-Appointed Arbitrators is a Moral Hazard in International Arbitration and Should be Abolished". With over 250 attendees, comprising private practitioners, in-house counsel, academics and arbitrators, this year’s turnout was the largest to date.

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Gary Born delivering Opening Remarks Chou Sean Yu delivering Opening Remarks

Darius J Khambata, SC, opened the debate for the proposition. Dealing head-on with (and dismissing) the five commonly cited reasons in favour of having party-appointed arbitrators (confidence in the process, inertia, shared outlook between party and arbitrator, subject matter expertise and party autonomy), Mr Khambata argued that it was ultimately crucial that parties can be confident in the neutrality of all the arbitrators rather than just the Presiding Arbitrator.

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Left to Right: Darius J. Khambata, SC, Toby Landau QC, Francis Xavier, SC, Emmanuel Gaillard and
Judith Gill QC

Left to Right: Professor Lucy Reed, Gary Born and
Ariel Ye

Expanding on Mr Khambata's views, Toby Landau QC warned of the risk of arbitration degenerating into a contest that rewards the party who identifies and pick the best "gladiator" in the form of a party-appointed arbitrator. Whilst Mr Landau acknowledged the importance of party autonomy, he highlighted that this could equally be achieved without resorting to party-appointed arbitrators, for example by having parties agree to an appointing authority and by specifying in their contracts that only arbitrators possessing specific skillsets or other characteristics may be appointed.

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Left to Right: Toby Landau QC, Francis Xavier, SC and Emmanuel Gaillard

Members of the audience

Opposing the motion, Judith Gill QC questioned if it was fair to term party-appointed arbitrators as a "moral hazard" on the basis of anecdotal evidence, often emanating from the unsuccessful party. Even if the risk of bias existed, Ms Gill argued that this was adequately balanced by the presence of the Presiding Arbitrator and the other party's appointed arbitrator. Specific tools, such as the declaration of independence required of arbitrators under the rules of most major arbitral institutions and the IBA Guidelines on Conflicts of Interests, exist to effectively manage the risk of bias. Abolishing the party-appointed arbitrator would therefore be a step too far. Supporting Ms Gill's arguments, the second opposition speaker, Emmanuel Gaillard, highlighted that independent appointments did not necessarily guarantee neutral decision-making, pointing out instances in which national courts had produced unfair or biased results.

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Members of the audience during the vote

Member of the audience during Q&A

The excellent arguments on each side meant that the debate almost proved too close to call. Indeed, the three-member judging panel somehow managed not to arrive at a decision, with Mr Gary Born declaring that he was "in favour of the opposition for the first half and the proposition for the second", after Ms Lucy Reed and Ms Ariel Ye voted for the proposition and opposition respectively. Following a lively audience Q&A session, the matter was ultimately decided by way of a vote from the audience. The moderator, Mr Francis Xavier, SC, declared a slim victory for the opposition with a score of 118 to the proposition's 103.

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Left to Right: Paul Friedland, Dr Eun Young Park and Gary Born

Guests during Networking Drinks

All in, an excellent evening of excellent advocacy, wine and fellowship in the Singapore arbitration community!
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Fri, 14 Jul 2017 11:31:23 +0800
SIAC Signs Cooperation Agreement with Arbitrator Intelligence http://www.siac.org.sg/69-siac-news/535-siac-signs-cooperation-agreement-with-arbitrator-intelligence http://www.siac.org.sg/69-siac-news/535-siac-signs-cooperation-agreement-with-arbitrator-intelligence

1 June 2017
SIAC Signs Cooperation Agreement with Arbitrator Intelligence

The Singapore International Arbitration Centre (SIAC) is pleased to announce that it has entered into a Cooperation Agreement with Arbitrator Intelligence (AI) to promote the use of the Arbitrator Intelligence Questionnaire (AIQ).

AI is an entity affiliated with Penn State Law. Its mission is to promote fairness, transparency, accountability, and diversity in arbitrator selection and appointments. Its Founder and Executive Director is Catherine Rogers, a professor of law at Penn State Law and Queen Mary, University of London. The AI Board of Advisors includes the Honourable Sundaresh Menon, Chief Justice of the Supreme Court of Singapore, and Gary Born, President of the SIAC Court of Arbitration.

Developed by AI, the AIQ is a new feedback mechanism that will collect objective information and professional assessments of arbitrators' case management skills and decision making from users following the conclusion of their arbitrations. The consolidated anonymised data will be made available in individual arbitrator reports, and will be similar to the types of information that are currently available only on an anecdotal basis or through discussions with peers and colleagues.

Under the Cooperation Agreement, SIAC will encourage participation in the AIQ by sending out emails inviting its users to participate in the survey, at the conclusion of the international arbitrations that it administers. Participation in the AIQ is entirely voluntary, and the AIQ is structured to ensure that the confidentiality of the proceedings is strictly maintained.

SIAC will not have access to either the AIQ website or the responses of users. SIAC will only be inviting participation in the feedback mechanism for arbitrators who are appointed after 1 June 2017.

SIAC aims to promote transparency and diversity of arbitrator appointments by nationality and gender. In 2016, SIAC appointed 341 arbitrators from 21 jurisdictions, of which 44 (or 12.9%) were female arbitrators. SIAC hopes that its support of this initiative will result in objective, practical information becoming available to parties about arbitrators being considered for appointment.

For more information please contact:

Singapore International Arbitration Centre
T: +65 6713 9777
E: corpcomms@siac.org.sg
W: www.siac.org.sg
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Fri, 26 May 2017 10:46:03 +0800
SIAC Seminar on “The Bear and the Lion: A Comparison of the Regimes for Interim Measures in International Arbitration in Russia and Singapore – Types, Timing and Tactics” http://www.siac.org.sg/69-siac-news/537-siac-seminar-on-the-bear-and-the-lion-a-comparison-of-the-regimes-for-interim-measures-in-international-arbitration-in-russia-and-singapore-types-timing-and-tactics http://www.siac.org.sg/69-siac-news/537-siac-seminar-on-the-bear-and-the-lion-a-comparison-of-the-regimes-for-interim-measures-in-international-arbitration-in-russia-and-singapore-types-timing-and-tactics

18 May 2017
SIAC Seminar on “The Bear and the Lion: A Comparison of the Regimes for Interim Measures in International Arbitration in Russia and Singapore - Types, Timing and Tactics”


SIAC held its inaugural event at the St. Petersburg International Legal Forum in St. Petersburg, Russia on 18 May 2017.

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Welcome Address by Lim Seok Hui Left to Right: Francis Xavier, SC, Randolph Khoo,
Chou Sean Yu, Julia Zagonek and Timur Aitkulov

The seminar started off with a welcome address by Ms Lim Seok Hui, the CEO of SIAC. The panel, comprising leading international arbitration practitioners from Singapore and Russia, discussed, amongst other things, the differences in the regimes for interim measures that are available in international arbitration proceedings in Russia and Singapore, including the advantages of seeking interim measures from an Emergency Arbitrator under the SIAC Rules, what strategy and tactics to deploy at which stage (pre- and post-Tribunal constitution) of the arbitration, as well as when to involve the courts of the seat.

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Left to Right: Francis Xavier, SC, Randolph Khoo,
Chou Sean Yu, Julia Zagonek and Timur Aitkulov

Members of the audience

The event attracted many Russian practitioners and in-house counsel, who asked the panel for practical tips and advice on SIAC’s rules on Emergency Arbitrators and enforcement of SIAC awards.
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Sun, 18 Jun 2017 02:05:49 +0800
SIAC-SHIAC Seminar: New Developments in Arbitration in Shanghai and Singapore http://www.siac.org.sg/69-siac-news/538-siac-shiac-seminar-new-developments-in-arbitration-in-shanghai-and-singapore http://www.siac.org.sg/69-siac-news/538-siac-shiac-seminar-new-developments-in-arbitration-in-shanghai-and-singapore

15 May 2017
SIAC-SHIAC Seminar: New Developments in Arbitration in Shanghai and Singapore


Against the backdrop of the “One Belt, One Road” initiative and recent arbitration-related developments in the China (Shanghai) Pilot Free Trade Zone (the “Shanghai FTZ”), on 15 May 2017, SIAC and SHIAC jointly held a seminar titled “New Developments of Arbitration in Shanghai and Singapore”. The seminar attracted many Chinese practitioners, in-house counsel and academics.

Ms. Sophia Feng, Head and Chief Representative of SIAC (China), and Mr. Yao Hongmin, Director of SHIAC Commercial Arbitration Research Center, delivered the welcome addresses.

In the first session, Professor Lawrence Boo, an arbitrator at The Arbitration Chambers, and member of the SIAC Court of Arbitration, spoke on “The Role of the National Court in Investor-State Arbitration”. In his speech, Professor Boo analysed the recent judgment of Singapore’s apex court in Sanum Investments Ltd. v. Government of the Lao People’s Democratic Republic, [2016] SGCA 57 (“Sanum”), which affirmed a Permanent Court of Arbitration award ruling that a bilateral investment treaty between the People’s Republic of China and Laos also applied to Macau. In addition to discussing the role and jurisdiction of Singapore’s national courts in reviewing investor-state arbitration awards, Professor Boo also shared his thoughts on the differences between investor-state arbitration cases and general commercial arbitration cases.

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Members of the audience Left to Right: Chen Luming, Sophia Feng,
Professor Lawrence Boo and Yao Hongmin

In the second session titled “The Evolution of Arbitration Law and Practice in the Shanghai FTZ”, Mr. Yao Hongmin discussed the current approach towards commercial arbitrations in mainland China (in particular the Shanghai FTZ), the Opinions on Providing Judicial Protection for the Construction of Pilot Free Trade Zones (FTZ) (the “Opinions”) issued by the Supreme People’s Court (the “SPC”), and the impact of the Opinions on the approach towards judicial review of FTZ-related arbitration cases.

In the final session, “Major Differences between International Commercial Arbitration and Investment Arbitration: With an Introduction to the New SIAC Investment Arbitration Rules”, Mr Chen Luming (Partner at JunHe LLP), drew from his own experience and his analysis of recent cases to discuss the differences between both regimes, focusing on the areas of governing law, case management, tribunal selection, jurisdiction and transparency. Mr. Chen pointed out that with the rapid development of outbound investment under the “One Belt, One Road” initiative, the number of investment arbitration cases will continue to grow. It is thus imperative that parties familiarise themselves with the features of investment arbitration procedure. In his speech, Mr Chen also touched on the SIAC Investment Arbitration Rules, which came into force on 1 January 2017.

In the interactive Q&A session which followed, the audience posed a range of topical questions to the speakers, from the approach towards judicial review for FTZ-related arbitration cases following the release of the SPC Opinions, the determination of foreign-related elements under the new rules, to the approach towards judicial review of arbitration awards by the Singapore national courts.
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Fri, 14 Jul 2017 10:57:48 +0800
SIAC Announces Appointment of New Board and Court members http://www.siac.org.sg/69-siac-news/534-siac-announces-appointment-of-new-board-and-court-members http://www.siac.org.sg/69-siac-news/534-siac-announces-appointment-of-new-board-and-court-members

15 May 2017
SIAC Announces Appointment of New Board and Court members

The Singapore International Arbitration Centre (SIAC) is pleased to announce the appointment of new members to its Board of Directors and Court of Arbitration with effect from 1 April 2017.

Three new Directors have been appointed to SIAC's Board under the chairmanship of Mr Davinder Singh, SC. They are Mr Chan Leng Sun, SC, of Baker McKenzie Wong & Leow, Mr Chong Yee Leong of Allen & Gledhill LLP and Mr Tham Sai Choy of KPMG Asia Pacific. Mr Chan will take over as Deputy Chairman from Mr Cavinder Bull, SC, also with effect from 1 April 2017.

SIAC would like to express its deepest appreciation and gratitude to the five outgoing Board members for their dedication, commitment and tireless efforts during their term of office, namely, Mr Cavinder Bull, SC, Mr Gautam Banerjee, Mr John Savage QC, Mr Giles White and Ms Jeanette Wong. During their term of service, SIAC achieved a number of significant milestones, culminating in an all-time record year in 2016, where it received the highest ever number of cases. Mr Bull and Mr Savage will continue to serve as Vice Presidents on the Court.

Four new members have been appointed to SIAC's Court of Arbitration, which continues under the leadership of Mr Gary Born as its President. They are Professor Lawrence Boo and Mr Alan Thambiayah of The Arbitration Chambers, Ms Catherine Amirfar of Debevoise & Plimpton LLP and Mr Nigel Blackaby of Freshfields Bruckhaus Deringer.

Mr Davinder Singh, SC, commented, “I would like to thank our outgoing directors for their immeasurable contributions to SIAC. I am delighted that Leng Sun, Sai Choy and Yee Leong have agreed to serve as Board members. SIAC will benefit from their experience and unique perspectives. I look forward to working closely with them.”

Mr Gary Born said of the new Court appointments, “I am delighted to welcome our new Court members who bring with them a wealth of experience and deep specialist knowledge in both commercial as well as investment arbitration. Their impressive reputations and professionalism will enhance the international standing and profile of SIAC.”

The members of SIAC's Board of Directors from 1 April 2017 are as follows:

1. Mr Davinder Singh, SC – Drew & Napier LLC, Singapore (Chairman) (appointed on 16 December 2016)
2. Mr Chan Leng Sun, SC – Baker McKenzie Wong & Leow, Singapore (Deputy Chairman)
3. Mr Chong Yee Leong – Allen & Gledhill LLP, Singapore
4. Mr Nishith Desai – Nishith Desai Associates, India
5. Mr David Liu – Jun He Law Offices, China
6. Mr Rajiv Luthra – Luthra & Luthra Law Offices, India
7. Dr Michael Moser – 20 Essex Street, Hong Kong
8. Mr Chelva Rajah, SC – Tan, Rajah & Cheah, Singapore
9. Mr Tham Sai Choy – KPMG Asia Pacific, Singapore

The members of SIAC's Court of Arbitration from 1 April 2017 are as follows:

1. Mr Gary Born – Wilmer Cutler Pickering Hale and Dorr LLP, UK (President)
2. Dr Michael Pryles AO PBM – Melbourne, Australia (Founder President)
3. Mr Cavinder Bull, SC – Drew & Napier LLC, Singapore (Vice President)
4. Mr John Savage QC – King & Spalding LLP, UK (Vice President)
5. Ms Catherine Amirfar – Debevoise & Plimpton LLP, USA
6. Dr Claudia Annacker – Cleary Gottlieb Steen & Hamilton LLP, France
7. Mr Nigel Blackaby - Freshfields Bruckhaus Deringer, USA
8. Prof Lawrence Boo – The Arbitration Chambers, Singapore
9. Mr Cao Lijun – Zhong Lun Law Firm, China
10. Mr Paul Friedland – White & Case LLP, USA
11. Mr Emmanuel Gaillard– Shearman & Sterling LLP, France
12. Prof Bernard Hanotiau – Hanotiau & van den Berg, Belgium
13. Mr Darius Khambata, SC – India
14. Mr Toby Landau QC – Essex Court Chambers, UK
15. Dr Eun Young Park – Kim & Chang, Korea
16. Prof Jan Paulsson – Three Crowns LLP, USA
17. Ms Lucy Reed – Centre for International Law, National University of Singapore, Singapore
18. Mr Harish Salve, SC – Blackstone Chambers, India
19. Mr Hiroyuki Tezuka – Nishimura & Asahi, Japan
20. Mr Alan Thambiayah – The Arbitration Chambers, Singapore
21. Ms Ariel Ye – King & Wood Mallesons, China
22. Mr Alvin Yeo, SC – WongPartnership LLP, Singapore

For more information please contact:

Singapore International Arbitration Centre
T: +65 6221 8833
E: corpcomms@siac.org.sg
W: www.siac.org.sg
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Mon, 15 May 2017 15:14:32 +0800
The Seoul SIAC-KICA Seminar on “Doing Business in Southeast Asia: Pointers, Perspectives and Potential Pitfalls” http://www.siac.org.sg/69-siac-news/532-the-seoul-siac-kica-seminar-on-doing-business-in-southeast-asia-pointers-perspectives-and-potential-pitfalls http://www.siac.org.sg/69-siac-news/532-the-seoul-siac-kica-seminar-on-doing-business-in-southeast-asia-pointers-perspectives-and-potential-pitfalls

The Seoul SIAC-KICA Seminar on “Doing Business in Southeast Asia: Pointers, Perspectives and Potential Pitfalls”


By Sue Hyun Lim (Partner, Bae, Kim & Lee LLC) and Jinho Park (Legal Counsel, GS Caltex)

The SIAC-KICA Southeast Asia seminar on 13 April 2017 was very well attended and was complimented by many participants as an opportunity to learn and appreciate the complexity and differences of the legal environment in Southeast Asia. The high attendance rate (of over 150 attendees) for the seminar was evidence of the enthusiasm among the in-house counsel community in Korea. With the increasing business investments by Korean companies in places like Vietnam and Indonesia, there is an increased demand for more learning opportunities about the legal and business environment in Southeast Asia. The seminar provided an excellent opportunity to do so.

Dr EY Park opened the first session on contract issues with an interesting remark that Korean companies have adapted to the traditional Western approach which would consider the written contract as the end of a negotiation, and are often surprised at the uncertainty faced despite the existence of a written contract when dealing with some of their Southeast Asian counterparts.

The two high-profile speakers of the session, Mr. Eric Yang and Mr. Zunu Lee, were respectively heads of the Southeast Asia practice groups at Bae, Kim and Lee and Yoon & Yang, and had both resided in Vietnam and Indonesia respectively for many years, during which time they had assisted Korean companies with their legal matters in jurisdictions such as Vietnam, Cambodia, Indonesia, Malaysia, etc.

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Left to Right: Dr Eun Young Park, Mr Eric Eunyong Yang
and Mr Zunu Lee

Members of the audience

Mr. Yang opened his presentation stressing the importance of an in-depth understanding of the local legal systems. A very interesting and perhaps more important observation by Mr. Yang was that there was a strong culture of protecting the rights of minority shareholders in certain Southeast Asian countries. That, is, even if the local joint venture partner is a minority shareholder and the Korean investor had the majority of shares, there would be cultural expectations that the playing field would be leveled through other legal protections. Mr. Yang emphasized the importance of being cognizant and respectful of local business cultures, yet at the same time being prepared to protect one’s legal rights by knowing these cultural expectations in advance.

Mr. Zunu Lee shared his experience in Indonesia. He shared very valuable tips on local substantive law requirements that affected contract drafting. In particular, the participants were actively taking notes when Mr. Lee explained that liquidated damages clauses were not allowed under Indonesian law and only damages that could be proven could be claimed. Another useful tip shared was on the legal requirement in Indonesia that all contracts had to be in the Indonesian language to be effective, and could not be executed in English only. He also shared a cautionary tale on the issue of "who to talk to" when doing business in certain developing countries in Southeast Asia. In particular, in countries with socialist traditions, it might be particularly difficult to determine the right person with the appropriate authority to approach to obtain government approvals.

The second session titled, “Effective Dispute Resolution with Southeast Asian Parties”, was moderated by Mr. Jun Hee Kim, General Counsel of Hyundai Heavy Industries Co., Ltd. The two speakers, were Mr. David Kim of Lee & Ko and Mr. Hyung Keun Lee of Yulchon LLC.

The first topic of “whether to arbitrate or litigate” highlighted the commercial realities of the contract negotiation process. That is, the decision to arbitrate is often reached as a compromise measure, as neither party would agree to litigate in each other’s national courts.

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Left to Right: Mr Hyung Keun Lee, Mr Jun Hee Kim and David Kim

Prof Hi-Taek Shin

The second topic was on the “seat of arbitration”, an issue that was often overlooked. As it governs the procedural law of the arbitration, both speakers emphasized the importance of avoiding unfamiliar seats. Instead, popular jurisdictions like Singapore, Hong Kong, Paris, and London were recommended. It was useful to note that not all jurisdictions were similar to Korea and Singapore in enforcing non-awards like interim orders, and that confidentiality of the arbitration could not be taken for granted to apply in many jurisdictions.

The third and fourth topics, “governing law and local institutions” and “counsels and arbitrators”, were highlights of the session where both speakers shared their invaluable insights. The frequent changes to arbitration laws in some countries were highlighted, and the speakers proceeded to explain the complex process of interpreting ambiguous standards such as “best efforts” and “consequential damages”, the applicability of the parol evidence rule and the vague distinction between procedural and substantive laws. While many Southeast Asia countries have established arbitration centers, the participants were reminded that their rules have not been as rigorously tested as that of SIAC.

The fifth and sixth topics were on “award enforcement” and “investment arbitration”. In light of the difficulties in enforcing the award in certain countries, speakers commented that it might be wise to settle for a lesser sum if parties were able to amicably resolve their disputes.
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Sat, 06 May 2017 09:57:34 +0800
SIAC Announces All-Time Record Numbers for 2016 http://www.siac.org.sg/69-siac-news/514-siac-announces-all-time-record-numbers-for-2016 http://www.siac.org.sg/69-siac-news/514-siac-announces-all-time-record-numbers-for-2016

10 March 2017
SIAC Announces All-Time Record Numbers for 2016

The Singapore International Arbitration Centre (SIAC) is pleased to announce the official release of its 2016 Annual Report.

2016 saw SIAC receiving the highest number of administered cases and administering the largest aggregate sum in dispute of USD11.72 billion (SGD16.95 billion). SIAC’s caseload continues to increase year on year, and has nearly quadrupled in the last decade.

In 2016, SIAC received 343 new cases from parties from 56 jurisdictions. This was a 27% increase from the 271 cases filed in 2015 and a 55% increase from the 222 cases filed in 2014.

90% or 307 of the cases filed in 2016 were administered by SIAC. The aggregate sum in dispute for all new case filings amounted to USD11.85 billion (SGD17.13 billion).

Further details of SIAC’s case numbers are available in the 2016 Annual Report.

Mr Gary Born, President of the Court of Arbitration of SIAC, said, “These numbers show that users are increasingly entrusting SIAC with the administration of complex and high-value disputes in arbitration. The increasing administered caseload testifies to its standing as one of the premier arbitration institutions in the world."

Mr Davinder Singh, SC, Chairman of SIAC, commented: “SIAC will stay firmly focused on the things that matter to its users. These include regular reviews of its rules, enhancing the range, quality and speed of its services and offerings, and increasing the opportunities for arbitrators, both experienced and young.”

Ms Lim Seok Hui, CEO of SIAC, said: “We are pleased with the increasing caseload and will continue to do our best to ensure that SIAC remains committed to the needs of our users. My team and I would like to thank the members of the local and international legal and business communities for their invaluable support.”


For more information please contact:

Singapore International Arbitration Centre
T: +65 6221 8833
E: corpcomms@siac.org.sg
W: www.siac.org.sg
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Fri, 10 Mar 2017 20:58:01 +0800
SIAC Annual Appreciation Event 2017 http://www.siac.org.sg/69-siac-news/517-siac-annual-appreciation-event-2017 http://www.siac.org.sg/69-siac-news/517-siac-annual-appreciation-event-2017

SIAC Annual Appreciation Event 2017
10 March 2017


SIAC’s Annual Appreciation Event 2017 (“AAE”) was held on 10 March 2017 in Singapore. With over 200 attendees, this year’s AAE was the largest to date, seemingly in keeping with the evening’s theme of record numbers presented by SIAC.

The event was graced by Attorney General Lucien Wong, SC, who is also the former Chairman of SIAC, Mr Ng How Yue, Permanent Secretary, Ministry of Law, and Mr Han Kok Juan, Deputy Secretary, Ministry of Law.

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Left to Right: Gary Born, Attorney General Lucien Wong, SC, Lim Seok Hui and Ng How Yue, Permanent Secretary, Ministry of Law Singapore

SIAC Annual Report 2016

The evening commenced with Opening Remarks from Ms Lim Seok Hui, CEO of SIAC and SIMC. Ms Lim noted that SIAC’s record numbers in 2016 were due in large part to the invaluable contributions of the SIAC Board of Directors, SIAC Court of Arbitration, as well as the SIAC Secretariat and expressed her thanks to them.

Thereafter, Mr Gary Born, President, SIAC Court of Arbitration, presented the highlight of the evening - the 2016 SIAC case statistics. In 2016, SIAC saw all-time record numbers: SIAC had the highest ever number of cases filed (343), the highest ever number of administered cases (307), the highest ever aggregate sum in dispute USD11.85 billion (SGD17.13 billion), the highest ever aggregate sum in dispute for administered cases USD11.72 billion (SGD16.95 billion) and the highest ever sum in dispute for a single administered case USD3.47 billion (SGD5.02 billion).

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Guests at the event

Announcement of SIAC 2016 Case Statistics by Gary Born

Focusing on the top ten foreign users of SIAC, Mr Born emphasised how the diversity of SIAC’s users shows that it is not a Singaporean, or even a regional arbitral institution. Instead, SIAC is truly a global arbitral institution that is seated in Singapore.

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Left to Right: Attorney General Lucien Wong, SC,
Ng How Yue, Permanent Secretary, Ministry of Law
Singapore and Joan Janssen

Guests

Mr Born also highlighted that, in terms of Emergency Arbitrator (EA) applications, SIAC received 6 in 2016, bringing the total number of EA applications since the introduction of the EA provisions, to 53 as of 31 December 2016. Mr Born further noted that as of 10 March 2017, SIAC has since received a further 3 EA applications, bringing the current total to 56.

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Left to Right: Janice Lee, Gary Born, Lim Seok Hui,
Kevin Nash and Michelle Chiam

Left to Right: Gary Born, Andre Yeap and Christopher Lau, SC

Mr Born also expressed his thanks to the SIAC Board of Directors and Court of Arbitration. He noted that the strong numbers posted by SIAC were thanks to the hard work and utmost dedication of the Board and Court, as well as of the tireless CEO of SIAC, Ms Lim Seok Hui, the SIAC Registrar and the rest of the Secretariat. He likewise acknowledged the vision and the large impact of the work done by Mr Lucien Wong as the former Chairman of SIAC, who was deeply missed. Mr Born said that he looked forward to working closely with the new Chairman of SIAC, Mr Davinder Singh, SC, in further improving SIAC’s dispute resolution services for its users all over the world.
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Wed, 22 Mar 2017 08:11:27 +0800
YSIAC Lunchtime Event: The Advocate and The Arbitrator http://www.siac.org.sg/69-siac-news/516-ysiac-lunchtime-event-the-advocate-and-the-arbitrator http://www.siac.org.sg/69-siac-news/516-ysiac-lunchtime-event-the-advocate-and-the-arbitrator

YSIAC Lunchtime Event: The Advocate and The Arbitrator
10 March 2017


Report by Ong Chin Kiat
Associate
Allen & Gledhill LLP

On 10 March 2017, the YSIAC held its lunchtime event, “The Advocate and The Arbitrator” – a no holds barred session generously hosted by Clifford Chance, where the attendees were treated to a dialogue on being an advocate and an arbitrator in international arbitration with Mr Gary Born (Chair, International Arbitration Practice Group, Wilmer Cutler Pickering Hale and Dorr LLP; President, SIAC Court of Arbitration) and Mr Alvin Yeo, SC (Chairman and Senior Partner, WongPartnership LLP; Member, SIAC Court of Arbitration; Member, SIAC Users Council Singapore National Committee). The talk attracted over 150 attendees.

Ms Lim Seok Hui (CEO, SIAC and SIMC), gave her opening remarks. Ms Koh Swee Yen (Partner, WongPartnership LLP; Co-Chair, YSIAC Committee; and Member, SIAC Users Council Singapore), then introduced the two panellists, Mr Born and Mr Yeo – although, as Ms Koh pointed out, these two titans of international arbitration certainly needed no introduction. The dialogue was adeptly moderated by Mr Kabir Singh (Partner, Clifford Chance; Member, YSIAC Committee).

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Left to Right: Gary Born, Koh Swee Yen, Kabir Singh and Alvin Yeo, SC

Members of the audience during Welcome Address by Lim Seok Hui

Mr Born opened the session, with a pithy quotation that the process of “choosing arbitrators is like choosing handbags”. A presiding arbitrator should be experienced in arbitration procedure. But where party-nominated arbitrators are concerned, Mr Born recalled the (in)famous quotation from Martin Hunter1 that one looks for “maximum predisposition toward my client, but with the minimum appearance of bias”.2 However, Mr Born was quick to point out that this was a cynical view which is unlikely to apply to experienced arbitrators.

Mr Yeo agreed with Mr Born’s sentiments. In his view, it is also crucial for the party-nominated arbitrator to be able to connect with the other members of the tribunal during the deliberations. Thus, it would be ideal to appoint someone familiar with international arbitration.

On the question of nominating younger arbitrators, Mr Born pointed out that as the President of the SIAC Court of Arbitration, he is strongly in favour of appointing younger arbitrators, particularly for less complex cases. Mr Yeo concurred with that view, stating that older arbitrators would have fuller hearing diaries and may be slightly more cynical. The panel’s consistent advice for young arbitrators to succeed was preparation and hard work.

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Left to Right: Gary Born, Kabir Singh and Alvin Yeo, SC

Members of the audience

Exploring the sensitive issue of challenges to biased arbitrators, Mr Yeo noted that this was an extreme option, given that there are other options available such as setting aside the eventual award. Mr Born concurred. In his experience, this would be counter-productive. Even if the challenge was successful, the other party would likely re-nominate someone with “maximum predisposition but minimum appearance of bias”.

Part of the session also dealt with advocacy in international arbitration. The heterogeneity of the arbitral tribunal’s legal cultures requires that arguments be pitched accordingly, which makes it more challenging.

The panellists also discussed techniques to deal with unprepared arbitrators. If the need arises, advocates should be ready to take the arbitral tribunal through the entire case afresh in oral submissions, instead of relying on written skeletal submissions.

Turning to more light-hearted topics, Mr Born shared some tips to deal with arbitrators who appear to be dozing off – including dropping books “accidentally” and requesting for a break (“It’s getting really warm, maybe it’s time for a break”). Tips to keep in mind the next time one is found to be in such a situation.

If the success of an event must be measured by its attendance record, it is clear that this lunchtime event was successful beyond measure – undoubtedly because of the rockstar status of the panellists. As promised, the session was a no holds barred one, with the panellists taking a frank and open approach to answering the questions posed to them, making it an extremely enlightening and insightful event.

Special thanks to venue and lunch sponsor, Clifford Chance.


_____________________________________
1 Of Redfern and Hunter on International Arbitration fame.
2 Martin Hunter, “Ethics of the International arbitrator” (1987) 53 Arbitration 219 at 222-223.
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Tue, 21 Mar 2017 13:29:28 +0800
YPG KLRCA-YSIAC Advocacy Workshop http://www.siac.org.sg/69-siac-news/515-ypg-klrca-ysiac-advocacy-workshop http://www.siac.org.sg/69-siac-news/515-ypg-klrca-ysiac-advocacy-workshop

YPG KLRCA-YSIAC Advocacy Workshop
22 February 2017


Report by Kang Min Tan
Associate
Rahmat Lim & Partners

The YPG KLRCA-YSIAC Advocacy Workshop held on 22 February 2017, marked the inaugural collaboration of the Young Practitioners Group of Kuala Lumpur Regional Centre for Arbitration (YPG KLRCA) and the Young Singapore International Arbitration Centre (YSIAC). Held at the KLRCA auditorium, the Workshop was a sell-out event, attracting an impressive turnout of about 180 attendees from law firms, arbitral institutions, private companies and universities.

The Workshop opened with a warm welcome address by Datuk Professor Sundra Rajoo, the Director of KLRCA. Opening and introductory remarks were also delivered by the YPG KLRCA Committee members, Mr Alonso Mayordomo Castilla (Senior International Case Counsel, KLRCA), and Ms Tatiana Polevshchikova (International Case Counsel, KLRCA).

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Datuk Professor Sundra Rajoo

Rajendra Navaratnam

The Workshop comprised written and oral advocacy sessions.

For the written advocacy workshop, Mr Revantha Sinnetamby (Director, Plus 3 Consultant), Mr Lee Shih (Partner, Skrine), and Mr Rajendra Navaratnam (Partner, Azman Davidson & Co), were the featured speakers. The theme of the session by Mr Revantha was “The Pyramid to Win: How to Build Legal Arguments” and focussed on the importance of structuring one’s legal submissions in a logical fashion. Mr Lee Shih spoke on “Drafting an Arbitration Map: Procedural Order No. 1” and shared his pointers and perspectives on the matters to be considered when drafting or reviewing the procedural timetable for the arbitration. Mr. Rajendra’s presentation on “Persuasive Submissions: What an Arbitrator Wants to Read” was interesting and yet practical for arbitration practitioners.

The Workshop further struck a chord with the lively and excellent oral advocacy showcased during the mock case scenario. Ms Koh Swee Yen (Partner, WongPartnership LLP; Co-Chair, YSIAC Committee; and Member, SIAC Users Council Singapore) introduced the session by briefing the audience on the concept of the workshop and the mock case scenario. The mock case related to a joint venture agreement in connection with the construction of an oil and gas pipeline, and featured a jurisdictional objection application in the first instance and an application for emergency interim relief in the second instance.

The mock emergency arbitrator tribunal consisted of Mr Chan Leng Sun, SC (Principal, Baker & McKenzie.Wong & Leow; Member, SIAC Users Council Singapore), Mr Chong Boon Leong (Partner, Allen & Gledhill LLP; Partner, Rahmat Lim & Partners; Member, SIAC Users Council Singapore), Mr Lim Tuck Sun (Partner, Chooi & Company), and Ms Sitpah Selvaratnam (Consultant, Tommy Thomas).

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Left to Right: Chong Boon Leong, Chan Leng Sun, SC, Sitpah Selvaratnam and Lim Tuck Sun

Members of the audience

Mr Nicholas Hoh (Senior Associate, Rahmat Lim & Partners) and Ms Sharon Chong Tze Ying (Partner, Skrine), were respectively the Respondent’s counsel and Claimant’s counsel for the application for jurisdictional objection. This was followed by Mr Rishwant Singh (Partner, Cecil Abraham & Partners) and Mr Sudharsanan Thillainathan (Senior Partner, Shook Lin & Bok), who respectively took on the roles of Claimant’s counsel and Respondent’s counsel for the application for emergency interim relief. The exchanges between the tribunal and counsel were lively and yet entertaining for the audience at the same time.

After the conclusion of the mock applications, the tribunal members offered their invaluable comments as well as feedback on the different styles of advocacy showcased by the four counsel.

A panel discussion followed after, and the mock tribunal members and Mr Rajendra shared their views and experiences on honing one’s oral advocacy skills. The panel was adeptly moderated by Ms Koh Swee Yen.

DSC_0748 DSC_0744
Group photo with the speakers and organisers

Left to Right: Datuk Professor Sundra Rajoo and Lim Seok Hui

Ms Lim Seok Hui, CEO, SIAC and SIMC, closed the event thanking everyone for their support and contribution towards the success of the event. The well-attended Workshop received positive feedback from the participants, who found the event informative, beneficial and enlightening.
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Tue, 21 Mar 2017 09:56:52 +0800
SIAC Welcomes New YSIAC Committee http://www.siac.org.sg/69-siac-news/510-siac-welcomes-new-ysiac-committee http://www.siac.org.sg/69-siac-news/510-siac-welcomes-new-ysiac-committee

26 January 2017
SIAC Welcomes New YSIAC Committee


The Singapore International Arbitration Centre (SIAC) is pleased to announce the new YSIAC Committee, with effect from 1 January 2017, as follows:

  Name Law Firm / Chambers Country
1. Mr Ankit Goyal (Co-Chair) Allen & Gledhill LLP Singapore
2. Ms Koh Swee Yen (Co-Chair) WongPartnership LLP Singapore
3. Ms Jeong Hye Ahn Yulchon LLC South Korea
4. Mr Andrew Battisson Allen & Overy LLP Singapore
5. Ms Holly Blackwell King & Wood Mallesons China
6. Mr Darius Chan Ascendant Legal LLC Singapore
7. Mr Simon Dunbar King & Spalding LLP Singapore
8. Ms Foo Yuet Min Drew & Napier LLC Singapore
9. Mr Rishab Gupta Shardul Amarchand Mangaldas & Co India
10. Mr Hu Ke Jingtian & Gongcheng China
11. Mr Aoi Inoue Anderson Mori & Tomotsune Japan
12. Mr Andi Kadir Hadiputranto, Hadinoto & Partners Indonesia
13. Mr Moazzam Khan Nishith Desai Associates India
14. Mr Jonathan Lim Wilmer Cutler Pickering Hale & Dorr LLP UK (London)
15. Mr Nicholas Lingard Freshfields Bruckhaus Deringer LLP Singapore
16. Mr Jern-Fei Ng Essex Court Chambers UK (London)
17. Mr Avinash Pradhan Rajah & Tann Singapore LLP Singapore
18. Ms Julie Raneda Schellenberg Wittmer Pte Ltd Singapore
19. Mr Kabir Singh Clifford Chance Pte Ltd Singapore
20. Ms Melissa Thng Dentons Rodyk & Davidson LLP Singapore

The outgoing members of the YSIAC Committee are Madhur Baya of Lex Arbitri, Christopher Boog of Schellenberg Wittmer Pte Ltd, Sapna Jhangiani of Clyde & Co Clasis Singapore Pte. Ltd, Sue Hyun Lim of Bae Kim & Lee LLC, Kailee Lingard of BHP Billiton Iron Ore, Alberto Ravell of ConocoPhillips Co., and Rena Rico-Pamfilo of Seawood Resources, Inc..

New members joining the Committee are Jeong Hye Ahn, Holly Blackwell, Rishab Gupta, Moazzam Khan, Nicholas Lingard and Julie Raneda. Co-chairs Ankit Goyal and Koh Swee Yen of the previous Committee as well as the following members of the previous Committee will continue to serve on the new Committee, namely, Andrew Battison, Darius Chan, Simon Dunbar, Foo Yuet Min, Hu Ke, Aoi Inoue, Andi Kadir, Jonathan Lim, Jern-Fei Ng, Avinash Pradhan, Kabir Singh, and Melissa Thng.

Through the tireless efforts of the inaugural YSIAC Committee, the YSIAC membership base (composed of younger arbitration practitioners aged 40 years and under) has grown steadily to become a global network of 1400 young lawyers from 84 jurisdictions.

Since its relaunch in January 2015, the YSIAC Committee has implemented a host of exciting new initiatives and projects for YSIAC members in Singapore and abroad, and we present a snapshot of their achievements below.

In 2015, the YSIAC Committee organised the highly successful inaugural YSIAC Conference, which attracted a record number of over 200 participants, with half of the delegates coming from overseas. In conjunction with the Conference, the YSIAC also held its first ever YSIAC Essay Competition, which garnered 66 entries from 20 jurisdictions. The YSIAC Advocacy Roadshow was launched that year, and featured a series of mock arbitration panels based on case scenarios specifically developed for young arbitration practitioners to develop their oral advocacy skills. The 2015 Roadshow featured the cross-examination of experts, and included a stellar line-up of mock tribunal members, comprised of Mr Gary Born, President of the SIAC Court of Arbitration, various Court members, and other arbitration luminaries. That year, the Roadshow venues included Delhi, Mumbai, Jakarta, Beijing, Seoul, and Tokyo, and the audience feedback was overwhelmingly positive.

In 2016, building on the success of the 2015 YSIAC Advocacy Roadshow, the YSIAC Advocacy Roadshow featured a mock emergency arbitration scenario, and toured the following cities: Tokyo, Mumbai, Seoul, Shanghai and Manila. Eminent arbitration practitioners who participated as emergency arbitrators in these sessions included SIAC Court President, Mr Gary Born, various SIAC Court members as well as other senior arbitrator practitioners.

Also in 2016, the YSIAC organised two YSIAC Club events featuring up and coming arbitration practitioners as panelists, a YSIAC Lunchtime Talk by SIAC Court member, Mr Toby Landau QC, and the second YSIAC Essay Competition (held in conjunction with the SIAC Congress Week 2016). YSIAC publications include a bi-monthly YSIAC Newsletter, and a YSIAC affiliate blog on the Kluwer Arbitration Blog. Regular networking drinks events, a popular fixture on the YSIAC social events calendar, provide members with opportunities to share views and exchange ideas with their like-minded peers.

Upcoming events

This year, the YSIAC Advocacy Roadshow will kick off in Kuala Lumpur, Malaysia on 22 February 2017, and the second biennial YSIAC Conference will be held on 9 June 2017.

Lim Seok Hui, CEO of SIAC and the Singapore International Mediation Centre, said, “We would like to express our sincere thanks and appreciation to the outgoing Committee members and the former Committee members who are staying on for the new term, for their invaluable contributions, dedication and commitment. Their energy and enthusiasm was truly invigorating and it was a great pleasure to have worked with this group of dynamic young lawyers from diverse legal systems and cultures. We welcome the new YSIAC Committee and very much look forward to working closely with them to continue expanding the footprint of YSIAC to other areas of the globe.”

For more information, please contact:

Singapore International Arbitration Centre
T: +65 6713 9777
E: corpcomms@siac.org.sg
W: www.siac.org.sg
]]>
zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Fri, 27 Jan 2017 16:14:24 +0800
The SIAC 2016 Year in Review http://www.siac.org.sg/69-siac-news/508-the-siac-2016-year-in-review http://www.siac.org.sg/69-siac-news/508-the-siac-2016-year-in-review
25 January 2017
The SIAC 2016 Year in Review



Happy New Year from all of us at SIAC and best wishes for a happy, healthy and successful 2017.

As we welcome the new year, we look back fondly at the top ten highlights of 2016, a year in which SIAC celebrated its 25th Anniversary.

1     New Chairman of SIAC

image002
Davinder Singh, SC
In December 2016, Mr Davinder Singh, SC was appointed as the new Chairman of SIAC. The former Chairman, Mr Lucien Wong, stepped down following the announcement of his appointment as the next Attorney-General of Singapore.

Mr Wong leaves an impressive legacy, his dynamic leadership having guided SIAC through an exciting and transformative period of growth and expansion. All of us at SIAC extend our heartfelt thanks to Mr Wong for his invaluable contributions, and wish him every success for the future.

Mr Singh is the Chief Executive Officer of Drew & Napier LLC, and is widely recognised as a leading disputes practitioner. He was in the first batch of Senior Counsel appointed in Singapore. In addition to being a top litigator, he has an active international arbitration practice involving complex commercial disputes and multiple jurisdictions.


2     New Member of the SIAC Court of Arbitration

image003
Darius Khambata, Senior Counsel
In February 2016, Mr Darius Khambata, Senior Counsel, a highly regarded member of the Indian legal community and leading international arbitration practitioner, joined the SIAC Court of Arbitration.

Mr Khambata practises before the Bombay High Court and the Supreme Court of India. He has previously held distinguished public law offices and has appeared in several important constitutional, corporate and commercial matters and in significant domestic and international commercial arbitrations.


3     New Registrar and Promotion of Deputy Registrar

image004
Delphine Ho
image005
Kevin Nash
In May 2016, SIAC welcomed its new Registrar, Ms Delphine Ho. Ms Ho was previously in private practice with leading Singapore local firms, where her areas of practice included international and domestic arbitrations, cross-border commercial disputes, and building and construction as well as company and shareholder matters. Prior to joining SIAC, she was in public service as an Assistant Registrar of the Supreme Court of Singapore.

Also in May 2016, Mr Kevin Nash, Deputy Registrar, who served as the Acting Registrar of SIAC during the interim period prior to Ms Ho’s commencement as Registrar, was promoted to Deputy Registrar and Centre Director. Mr Nash’s new responsibilities include business development and the recruitment and professional development of the SIAC Secretariat.


4     New SIAC Rules 2016; New SIAC Investment Arbitration Rules 2017

SIAC-Rulebook3_transparent The sixth edition of the Arbitration Rules of the Singapore International Arbitration Centre (SIAC Rules 2016) came into effect on 1 August 2016.

Some of the key highlights of the SIAC Rules 2016 include new provisions on consolidation, multiple contracts, and joinder of additional parties to facilitate the cost-effective and efficient resolution of disputes; the introduction of an innovative procedure for the early dismissal of claims and defences, making SIAC the first amongst the world's major commercial arbitration centres to adopt this provision in its Rules; and delocalisation of the seat of arbitration. In addition, further enhancements have been made to the popular Expedited Procedure and Emergency Arbitrator special procedures (both of which were first introduced in July 2010), to better serve the needs of users from all over the world.

Capping off a busy and exciting year for SIAC was the release of the first edition of the SIAC Investment Arbitration Rules 2017 (SIAC IA Rules 2017), a specialised set of rules to address the unique issues present in the conduct of international investment arbitration. The SIAC IA Rules 2017 came into effect on 1 January 2017.

Some of the key highlights of the SIAC IA Rules 2017 include a default list procedure for the appointment of the sole or presiding arbitrator and an opt-in mechanism for the appointment of an Emergency Arbitrator; strict timelines on challenges to arbitrators with built-in discretion for the arbitration to proceed during the challenge; a procedure for early dismissal of claims and defences; provisions for submissions by non-disputing parties and to enable the Tribunal to order the disclosure of third-party funding arrangements and to take such arrangements into account when apportioning costs; timelines for the closure of proceedings and the submission of the draft Award; and provisions relating to confidentiality and the discretionary publication of key information relating to the dispute.

5     Launch of SIAC Representative Office in Shanghai

In March 2016, SIAC held a cocktail reception to celebrate the official launch of its third overseas office (after Mumbai and Seoul). SIAC’s Shanghai office will be instrumental in promoting SIAC’s worldclass international arbitration services to Chinese users. Chinese parties have consistently ranked amongst the top five foreign users of SIAC in the last five years, and were the top foreign user of SIAC in 2012 and 2014. The Shanghai office will work with mainland Chinese arbitration commissions to promote the development of international arbitration and global best practices, by organising training workshops and networking events for arbitrators and practitioners.

image007 image008
Left to right: Lim Seok Hui, Yu Jianlong, Cavinder Bull, SC, Guest of Honour Deputy Consul-General Philip Ong Left to right: Sophia Feng, Kevin Nash

6     SIAC Celebrates 25th Anniversary with SIAC Congress Week 2016

On 25 to 27 May 2016, SIAC successfully concluded its first-ever SIAC Congress Week.

The SIAC Congress Week kicked off with a YSIAC Lunchtime Talk by Mr Toby Landau QC, member of the SIAC Court of Arbitration and an eminent barrister and arbitrator. The standing-room only event attracted 193 attendees.

The next event was the SIAC-CIArb Debate, which featured a stellar cast of international arbitration luminaries comprising the President and members of the SIAC Court of Arbitration, namely, Mr Gary Born, Professor Bernard Hanotiau, Mr Toby Landau QC and Ms Lucy Reed. Mr Francis Xavier, SC acted as the moderator. The Debate was attended by 198 delegates.

image009 image010
Left to right: Sapna Jhangiani, Koh Swee Yen, Toby Landau QC, Kabir Singh, Madhur Baya, Jonathan Lim Left to right: Gary Born, Prof Bernard Hanotiau, Francis Xavier, SC, Lucy Reed, Toby Landau QC

SIAC’s flagship biennial event, the SIAC Congress 2016, attracted 363 delegates. Highlights of the Congress programme included a Keynote Address by the Guest of Honour, Minister K Shanmugam, Minister for Home Affairs and Minister for Law, and a Q&A session with Minister Shanmugam and Mr Gary Born, moderated by Mr Toby Landau QC, followed by two plenary sessions which focused on the new provisions in the SIAC Rules 2016.

image015 image011
Left to right: Lucien Wong, Guest of Honour Minister K Shanmugam, Lim Seok Hui, Gary Born Q&A Session with Minister K Shanmugam, Toby Landau QC and Gary Born

The social highlight of the SIAC Congress Week was the SIAC Charity Gala Dinner, a black-tie event held in celebration of SIAC’s 25 years in arbitration, which included a charity auction in support of the Community Justice Centre (CJC). Thanks to the generosity of the international and Singapore legal and business communities, SIAC was able to raise SGD125,000 in auction proceeds, cash pledges and ticket sales for the CJC’s charitable programmes from the SIAC Charity Gala Dinner.

image017 image018
Board & Court Members, former SIAC management, SIAC Congress Organising Committee, SIAC Secretariat, Guest of Honour SMS Indranee Rajah Left to right: Nicholas Lingard, Rajat Rana

In conjunction with the SIAC Congress Week, SIAC also organised the second YSIAC Essay Competition, which received a total of 47 entries from 17 jurisdictions. The winner was Mr Rajat Rana of Dechert LLP. The 1st Runner Up was Mr Arie Chase Eernisse of Shin & Kim and the 2nd Runner Up was Ms Sinyee Ong of Ashurst LLP.

7     SIAC Rules 2016 Roadshow - User’s Guide to the SIAC Rules 2016

From September to November 2016, SIAC went on a global roadshow to promote the new SIAC Rules 2016. Cities visited included Hong Kong (6 September), Tokyo (15 September), Mumbai (30 September), Delhi (1 October), Shanghai (27 October), Jakarta (16 November), London (2-3 November) and Manila (24 November).

Panellists included the President and members of the SIAC Court of Arbitration, as well as distinguished Singapore and international arbitration practitioners. The events were well-attended by private practitioners, in-house counsel, government officials and members of the academe.

8     YSIAC Advocacy Workshops 2016

The YSIAC Advocacy Workshops 2016 featured a mock emergency arbitration scenario and provided younger lawyers with an opportunity to put their advocacy skills to the test before panels comprised of leading arbitration practitioners from multiple jurisdictions, including the President and members of the SIAC Court of Arbitration. In addition to lively rounds of oral argument, panel members gave tips on oral advocacy to the workshop participants.

The YSIAC Advocacy Workshops were held in Tokyo (15 September), Mumbai (29 September), Seoul (13 October), Shanghai (26 October) and Manila (25 November).

9     SIAC Costs and Duration Study

In October 2016, SIAC released its Costs and Duration Study based on actual cases filed with SIAC under the SIAC Rules 2013. The study results showed that the mean duration of cases was 13.8 months, and the median duration was 11.7 months. The mean total costs of arbitration were USD80,337 (SGD109,729), and the median total costs of arbitration were USD29,567 (SGD40,416). The Study underscores SIAC’s firm commitment to providing greater transparency, certainty and efficiency for its users from all parts of the world.

10     Memorandum of Agreement to Establish GIFT City Office

image012
Pranav Mago, Lim Seok Hui, Ajay Pandey, Dipesh Shah
Under the Memorandum of Agreement, signed in May 2016, SIAC will establish a representative office in India's first-ever International Financial Services Centre in Gujarat International Finance Tec-City, which will work closely with our existing Mumbai office to promote SIAC’s services to businesses and investors in GIFT City and India.

We would like to thank members of our Board, Court and YSIAC Committee as well as all of our partners and friends in the local and international legal and business communities, for your extraordinary contributions and unstinting support, which were critical to the success of our various projects and initiatives.

Please mark your calendars for two upcoming major events in 2017, our Annual Appreciation Event on Friday, 10 March 2017 (when our 2016 case statistics will be unveiled) and the 2nd biennial YSIAC Conference to be held in Singapore on Friday, 9 June 2017.

With best regards,
The SIAC Team
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Sat, 21 Jan 2017 19:44:31 +0800
SIAC Announces Official Release of the SIAC Investment Arbitration Rules http://www.siac.org.sg/69-siac-news/505-siac-announces-official-release-of-the-siac-investment-arbitration-rules http://www.siac.org.sg/69-siac-news/505-siac-announces-official-release-of-the-siac-investment-arbitration-rules

30 December 2016
SIAC Announces Official Release of the SIAC Investment Arbitration Rules


The Singapore International Arbitration Centre (SIAC) is pleased to announce the official release of the first edition of the Investment Arbitration Rules of the Singapore International Arbitration Centre (1st Edition, 1 January 2017) (SIAC IA Rules 2017), a specialised set of rules to address the unique issues present in the conduct of international investment arbitration. The SIAC IA Rules 2017 will be available on the SIAC website from 31 December 2016, and will come into effect on 1 January 2017.

The SIAC IA Rules 2017 were produced in consultation with the SIAC Court of Arbitration Rules Revision Executive Committee, working closely with the SIAC Court of Arbitration Subcommittee on Investment Arbitration, and following extensive consultation with SIAC's global Users Council as well as a public consultation exercise.

Some of the key highlights of the SIAC IA Rules 2017 include a default list procedure for the appointment of the sole or presiding arbitrator and an opt-in mechanism for the appointment of an Emergency Arbitrator; strict timelines on challenges to arbitrators with built-in discretion for the arbitration to proceed during the challenge; a procedure for early dismissal of claims and defences; provisions for submissions by non-disputing parties and to enable the Tribunal to order the disclosure of third-party funding arrangements and to take such arrangements into account when apportioning costs; timelines for the closure of proceedings and the submission of the draft Award; and provisions relating to confidentiality and the discretionary publication of key information relating to the dispute.

Mr Gary Born, President of the SIAC Court of Arbitration, commented, “We are delighted to be launching the SIAC IA Rules 2017, which contain significant modifications to the SIAC Rules 2016 to reflect the special features and concerns arising in arbitration proceedings involving States, State-controlled entities and intergovernmental organisations. Both States and investors alike can be confident that, in resolving investment disputes under the SIAC IA Rules, they will be provided with a neutral, balanced, transparent and efficient procedural framework that addresses issues that ordinarily arise in international investment arbitration law. The launch of the SIAC IA Rules is yet another offering in keeping with SIAC’s standing as a global international arbitral institution. We take this opportunity to thank everyone who was involved in this groundbreaking project for their invaluable contributions and feedback.”

Ms Lim Seok Hui, CEO of SIAC and the Singapore International Mediation Centre, added, "We would like to extend our sincere thanks and appreciation to Gary, the SIAC Court of Arbitration Rules Revision Executive Committee and Subcommittee ‎on Investment Arbitration as well as our users from all over the world for their highly incisive contributions and support in developing SIAC’s new and market-leading framework."

SIAC Court of Arbitration Rules Revision Executive Committee

Chair:
• Mr Gary Born, President, SIAC Court of Arbitration

Members:
• Mr Cavinder Bull, SC, Vice President, SIAC Court of Arbitration
• Mr John Savage, Vice President, SIAC Court of Arbitration
• Dr Michael Pryles AO PBM, Founder President, SIAC Court of Arbitration
• Mr Cao Lijun, Member, SIAC Court of Arbitration
• Mr Paul Friedland, Member, SIAC Court of Arbitration
• Ms Lim Seok Hui, CEO, SIAC

SIAC Court of Arbitration Subcommittee on Investment Arbitration

Chair:
• Dr Claudia Annacker, Member, SIAC Court of Arbitration

Members:
• Mr Gary Born, President, SIAC Court of Arbitration
• Mr John Savage, Vice President, SIAC Court of Arbitration
• Mr Toby Landau QC, Member, SIAC Court of Arbitration
• Professor Jan Paulsson, Member, SIAC Court of Arbitration


For more information please contact:

Singapore International Arbitration Centre
T: +65 6713 9777
E: corpcomms@siac.org.sg
W: www.siac.org.sg
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Thu, 29 Dec 2016 12:40:29 +0800
SIAC Announces Appointment of New Chairman http://www.siac.org.sg/69-siac-news/501-siac-announces-appointment-of-new-chairman http://www.siac.org.sg/69-siac-news/501-siac-announces-appointment-of-new-chairman

15 December 2016
SIAC Announces Appointment of New Chairman


The Singapore International Arbitration Centre (SIAC) is pleased to announce the appointment of Mr Davinder Singh, SC, as the new Chairman of its Board of Directors with effect from 16 December 2016.

The current Chairman of SIAC, Mr Lucien Wong, who took office on 1 April 2013, will be stepping down on 15 December 2016, following the recent announcement of his upcoming appointment as the next Attorney-General of Singapore.

During Mr Wong’s term in office, SIAC saw a number of milestone achievements, including receiving a record number of cases and registering a record total sum in dispute in 2013 and again in 2015. Mr Wong also oversaw the expansion of SIAC’s operations internationally, with the establishment of overseas representative offices in Mumbai, Seoul and Shanghai.

Mr Singh is the Chief Executive Officer of Drew & Napier LLC, and is widely recognised as a leading disputes practitioner. He was in the first batch of Senior Counsel appointed in Singapore. In addition to being a top litigator, he has an active international arbitration practice involving complex commercial disputes and multiple jurisdictions.

Mr Wong said, “I am honoured to have served as Chairman of SIAC. It was a great pleasure working with my fellow Board members, Gary and the Court as well as Seok Hui and her team. I am delighted that Davinder will be taking over as Chairman of SIAC, and have every confidence that he will steer SIAC to even greater heights.”

Mr Gary Born, President of the SIAC Court of Arbitration, commented, “I very much enjoyed working with Lucien, and wish him every success for the future. My Court members and I would like to thank Lucien for his extraordinary contributions to SIAC, and at the same time extend a warm welcome to Davinder.”

Mr Singh said of his appointment, “It is an honour and privilege to be succeeding Lucien as Chairman of SIAC. Lucien leaves a hugely impressive legacy, having achieved so much for SIAC. I am looking forward to working closely with Gary, whose formidable reputation and stature have enhanced the international standing of SIAC. It is universally acknowledged that SIAC is where it is today because of the standing, professionalism and tireless efforts of the Court, Board members, CEO and the team. They are deeply committed to ensuring that SIAC consistently delivers world class dispute resolution services and remains at the forefront of international arbitration.”

Ms Lim Seok Hui, Chief Executive Officer of SIAC and the Singapore International Mediation Centre, added, “We will certainly miss Lucien, whose dynamic leadership guided us through an exciting and transformative period of growth and expansion. We are delighted to welcome Davinder as our new Chairman, and are confident that he will play a pivotal role in SIAC’s continued growth and success.”

For more information, please contact:

Singapore International Arbitration Centre
T: +65 6713 9777
E: corpcomms@siac.org.sg
W: www.siac.org.sg
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Thu, 15 Dec 2016 09:53:18 +0800
SIAC Rules 2016 Roadshow http://www.siac.org.sg/69-siac-news/502-siac-rules-2016-roadshow-users-guide http://www.siac.org.sg/69-siac-news/502-siac-rules-2016-roadshow-users-guide

SIAC Rules 2016 Roadshow - User’s Guide to the SIAC Rules 2016


The Singapore International Arbitration Centre (SIAC) recently concluded its global ‎roadshow to promote the new SIAC Rules 2016, which featured panels that discussed various market-leading innovations such as a new procedure for the early dismissal of claims and defences and new provisions to deal with disputes involving multiple parties, as well as further refinements to SIAC’s popular emergency arbitrator and expedited arbitration special procedures.

Panellists included the President and members of the SIAC Court of Arbitration as speakers, as well as distinguished local and international arbitration practitioners. The events were well-attended by private practitioners, in-house counsel, government lawyers, members of the academe, and other users of international arbitration.

Please click on the links below for more information on the events held in various cities:
Hong Kong (6 September)
Tokyo (15 September)
Mumbai (30 September)
Delhi (1 October)
Shanghai (27 October)
Jakarta (16 November)
Manila (24 November)

YSIAC Advocacy Workshops 2016


The YSIAC Advocacy Workshops 2016 featured a mock emergency arbitration scenario and provided younger lawyers with an opportunity to put their advocacy skills to the test before a panel comprised of leading arbitration practitioners from multiple jurisdictions, including the President and members of the SIAC Court of Arbitration. In addition to lively rounds of oral argument, panel members gave tips on oral advocacy to the attendees.

Please click on the links below for more information on the events held in various cities:
Tokyo (15 September)
Mumbai (29 September)
Seoul (13 October)
Shanghai (26 October)
Manila (25 November)

We would like to thank the President, members of the SIAC Court of Arbitration, our sponsors and supporting organisations for their tremendous efforts and contributions to making both the SIAC Rules 2016 Roadshow and YSIAC Advocacy Workshops a success.
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Thu, 15 Dec 2016 14:18:02 +0800
SIAC Raises SGD125,000 for the Community Justice Centre http://www.siac.org.sg/69-siac-news/500-siac-raises-sgd125-000-for-the-community-justice-centre http://www.siac.org.sg/69-siac-news/500-siac-raises-sgd125-000-for-the-community-justice-centre

24 October 2016
SIAC Raises SGD125,000 for the Community Justice Centre


The Singapore International Arbitration Centre (SIAC) is pleased to announce that, thanks to the generosity of the international and Singapore legal and business communities, it was able to raise SGD125,000 in auction proceeds, cash pledges and ticket sales from the SIAC Charity Gala Dinner held on 27 May 2016 in support of the Community Justice Centre (CJC). The SIAC Charity Gala Dinner was held as part of SIAC's 25th Anniversary Silver Jubilee celebrations, and was the social event highlight of the SIAC Congress Week held from 25 to 27 May 2016.

The CJC is an independent Singapore charity that provides support to litigants-in-person (LIPs) including the homeless, disabled and victims of domestic violence. CJC aims to provide a wide range of support services for LIPs and their family members by providing free practical and emotional support as well as free legal advice at legal clinics. Through the support of the CJC, LIPs should be able to better present their case, follow proceedings and understand judicial rulings or pronouncements in their respective cases.

SIAC would like to express its heartfelt thanks and utmost appreciation to all donors and bidders for their generous contributions. The cheque presentation ceremony will be held at the close of the Voices from the Courts fundraising concert organised by the CJC on 29 October 2016.

Ms Lim Seok Hui, CEO of SIAC and SIMC, commented, "We are deeply honoured and delighted to have been given this rare opportunity to partner with the CJC and our friends in the international and Singapore legal and business communities, to support the CJC's charitable programmes."

For more information, please contact:

Singapore International Arbitration Centre
T: +65 6713 9777
E: corpcomms@siac.org.sg
W: www.siac.org.sg
]]>
zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Mon, 24 Oct 2016 13:16:53 +0800
17th SIDRC Lecture Series with SIAC guest speaker Toby Landau QC http://www.siac.org.sg/69-siac-news/503-17th-sidrc-lecture-series-with-siac-guest-speaker-toby-landau-qc http://www.siac.org.sg/69-siac-news/503-17th-sidrc-lecture-series-with-siac-guest-speaker-toby-landau-qc

17th SIDRC Lecture Series with SIAC guest speaker Toby Landau QC
“Skating on Thin Ice: Arbitration and the Public Interest”


Report by SeungJin(Jin) Han
Attorney at Law (New York & Korea)
Kim & Chang

On 13 October 2016, Mr Toby Landau QC, member of the SIAC Court of Arbitration, gave a speech at the 17th SIDRC Lecture Series co-hosted by SIAC, the Seoul International Dispute Resolution Center (SIDRC), and the Korean Council for International Arbitration (KOCIA) at the Seoul Global Center. His lecture, “Skating on Thin Ice: Arbitration and the Public Interest” was as eye-opening and riveting as his other past lectures.

seoul_idrc members_audience
Toby Landau QC, Prof Hi-Taek Shin

Members of the audience

Mr Landau asked everyone in the room to imagine themselves skating on ice so thin you cannot tell when the ice will crack, sending you tumbling down into the cold abyss. International arbitration is exactly like skating on delicate ice. He went on to an in-depth discussion on how public interest will affect arbitration in the near future. Arbitration is grounded on party autonomy and seeks to confidentially resolve conflicts between two specific parties based on a contract. However, unlike commercial arbitration, investor-state dispute settlement (ISDS) is a new dispute resolution method based on a bilateral investment treaty between two countries and therefore the claimant is not a predetermined person or entity. Moreover, ISDS is used in resolving public issues rather than private commercial issues, which traditional arbitration tends to focus on. When arbitrators who mainly practice commercial arbitration participate in ISDS cases following the basic designs of a commercial arbitration case, issues tend to arise.

As an example, Mr Landau presented an ISDS case on the water infrastructure in Tanzania where the voice of the 38,000 people who actually lived in Tanzania, most affected by the outcome of the case, was not represented. Moreover, the arbitrators presiding over the case, which had such an enormous public impact, were not expert practitioners of public law. There are a myriad other ISDS cases on publicly sensitive subjects such as tax, tobacco, and nuclear plants generating astronomical compensations, i.e., the Yukos case. However, ISDS cases are not subject to appeal meaning that the checks and balances which public law generally requires, are absent. Furthermore, the public interest in major issues such as human rights, environment and sustainable development may not be adequately dealt with. Mr Landau pointed out that the arbitration community has failed to address these criticisms.

As a solution to this impending problem, Mr Landau suggested that there is a need to fundamentally improve the current system which is based on the commercial model. We need to increase public participation in ISDS proceedings and facilitate active discussions in issues such as human rights, environmental concerns, and sustainable development. Conversely, these changes made to ISDS will inevitably influence commercial arbitration. Mr Landau emphasised that in public interest cases, not only transparency but also the participation of all stakeholders in the proceedings must be encouraged.

Mr Landau ended the lecture by telling an anecdote in which he caught a taxi in London and even the driver was criticising arbitration. As Mr Landau repeatedly implored, a system that is condemned by the public cannot survive. The arbitration community must remember that we are all but skating on thin ice. For arbitration to sustain its glorious heyday, we must continue to subject ourselves to strict self-criticism and active self-improvement.
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Thu, 22 Dec 2016 17:09:26 +0800
SIAC Releases Costs and Duration Study http://www.siac.org.sg/69-siac-news/499-siac-releases-costs-and-duration-study http://www.siac.org.sg/69-siac-news/499-siac-releases-costs-and-duration-study

10 October 2016
SIAC Releases Costs and Duration Study


The Singapore International Arbitration Centre (SIAC) is pleased to present its Costs and Duration Study (Study) based on actual cases filed with SIAC under the SIAC Rules 2013. The Study shows that the mean duration of cases is 13.8 months, and the median duration is 11.7 months. The mean total costs of arbitration is USD 80,337 (SGD 109,729), and the median total costs of arbitration is USD 29,567 (SGD 40,416).

Gary Born, President of the Court of Arbitration of SIAC, commented, “The Study affirms SIAC’s position as a global leader for quality and efficiency in the resolution of cross-border disputes of all sizes and complexities. Given that SIAC’s average sum in dispute in the past three years is more than USD 16 million, the Study clearly demonstrates the advantages of the ad valorem cost system and the robust nature of SIAC's cost determination process, whereby the actual costs of arbitration are finally determined based on a reasonable percentage of the maximum fee caps set out in SIAC’s Schedule of Fees.”

Lim Seok Hui, Chief Executive Officer of SIAC, added, “The Study underscores SIAC’s firm commitment to providing greater transparency, certainty and efficiency for its users from all parts of the world. The recent release of the SIAC Rules 2016, which include a number of market-leading innovations such as the early dismissal process and enhancements to our popular Emergency Arbitrator and Expedited Procedure provisions, will enable parties to achieve even greater savings in time and costs.”

Further details on the Study and the time and cost advantages of SIAC arbitrations may be found here.
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Mon, 10 Oct 2016 10:14:28 +0800
SIAC Celebrates 25th Anniversary with SIAC Congress Week 2016 http://www.siac.org.sg/69-siac-news/493-siac-celebrates-25th-anniversary-with-siac-congress-week-2016 http://www.siac.org.sg/69-siac-news/493-siac-celebrates-25th-anniversary-with-siac-congress-week-2016

8 July 2016
SIAC Celebrates 25th Anniversary with SIAC Congress Week 2016


The Singapore International Arbitration Centre (SIAC) successfully concluded its first-ever SIAC Congress Week from 25 to 27 May 2016, which featured a series of arbitration-related events that attracted sell-out crowds from different parts of the globe.

25 May 2016 - YSIAC Lunchtime Talk with Toby Landau QC

The SIAC Congress Week kicked off with a YSIAC Lunchtime Talk by Mr Toby Landau QC, a member of the SIAC Court of Arbitration and an eminent barrister and arbitrator, who spoke on the topic Apparent Bias: Paranoia on the Clapham Omnibus. The standing-room only event attracted 193 attendees, with delegates coming from 12 different countries including South Korea, Ukraine and the United Kingdom.

Always an interesting and witty speaker, Mr Landau regaled the audience with amusing anecdotes during his lecture which covered the different tests used for actual and apparent bias, as they applied to international commercial arbitration and questioned whether they also applied to inter-state arbitration. He elucidated on the origins of the term “Clapham Omnibus”, and asked whether the traditional view still holds in view of the changes in the practice of international arbitration since the term was first coined. Mr Landau took questions from the floor at the conclusion of his talk.

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Left to Right: Sapna Jhangiani, Koh Swee Yen, Toby Landau QC, Kabir Singh, Madhur Baya, Jonathan Lim

Members of the audience

26 May 2016 - SIAC-CIArb Debate

The SIAC-CIArb Debate featured 4 members of the SIAC Court of Arbitration who are world-renowned names in international arbitration. The debate proposition was “This house proposes that an arbitral award that has been set aside at the seat may, and often should, be enforced abroad.” Arguing for the motion were Mr Gary Born, President of the SIAC Court of Arbitration and Professor Bernard Hanotiau. Arguing against the motion were Mr Toby Landau QC and Ms Lucy Reed. They were joined by Mr Francis Xavier, SC as the moderator. The Debate was attended by 198 delegates and featured a lively exchange amongst some of the biggest names in arbitration. Among other matters, the debaters dissected specific provisions of the New York Convention and the circumstances in which a set-aside award may still be enforced. At the end of the debate, Mr Xavier, after taking a vote from the audience, noted that the opposition carried the motion for the day.

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Members of the audience Left to Right: Gary Born, Prof Bernard Hanotiau,
Francis Xavier, SC, Lucy Reed, Toby Landau QC

27 May 2016 – SIAC Congress

The last day of the Congress Week featured SIAC’s flagship event, the SIAC Congress 2016, which attracted 363 delegates from 25 different jurisdictions, spanning 5 different continents and from jurisdictions as far away as Belgium, Bermuda, Luxembourg, South Africa, the Ukraine and the United Kingdom. 64% of the delegates were private practice lawyers, 11% were in-house counsel and the remaining 25% included academics, arbitrators, barristers, expert witnesses and government officials.

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Left to Right: Lucien Wong, Minister K Shanmugam, Lim Seok Hui,
Gary Born

Lucien Wong

The Congress programme featured a Welcome Address by Mr Lucien Wong, Chairman, SIAC Board of Directors, and a Keynote Address by the Guest of Honour, Minister K Shanmugam, Minister for Home Affairs and Minister for Law. A Q&A session with Minister Shanmugam and Mr Gary Born, moderated by Mr Toby Landau QC, followed. The rest of the Congress programme focused on the key provisions to be included in the new SIAC Arbitration Rules 2016, with two plenary sessions.

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Guest of Honour:
Minister K Shanmugam

Members of the audience
The first plenary session was moderated by Mr Alvin Yeo, SC, a member of the SIAC Court of Arbitration, and discussed the new draft Investment Arbitration Rules which will be launched later this year. This session also featured some other members of the SIAC Court, namely, Dr Claudia Annacker and Mr Toby Landau QC.

The second plenary session was moderated by Mr Chan Leng Sun, SC and included Prof Bernard Hanotiau, another member of the SIAC Court of Arbitration, and Dr Michael Pryles AO PBM, Founder President of the SIAC Court of Arbitration. This session discussed the key revisions to the commercial Arbitration Rules, such as joinder, intervention, consolidation and multiple contracts.

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Left to Right: Dr Claudia Annacker, Toby Landau QC, Alvin Yeo, SC, Nish Shetty, Prof Hi-Taek Shin,
Christopher Tahbaz

Left to Right: Cameron Ford, Ronnie King,
Chan Leng Sun, SC, Prof Bernard Hanotiau,
Dr Michael Pryles AO PBM
The Congress wrapped up with an interactive Users Dialogue Session, moderated by Mr David Bateson which discussed enhancements in the new SIAC Rules to the Emergency Arbitrator and Expedited Procedure provisions as well as the Arb-Med-Arb Protocol. The session featured a Vice-President of the SIAC Court of Arbitration, Mr John Savage.

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Left to Right: John Savage,
Guy Spooner

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Left to Right: Josephine Wan-Wen Hadikusumo, Chanaka Kumarasinghe, David Bateson Left to Right: Vyapak Desai, Josephine Wan-Wen Hadikusumo,
Chanaka Kumarasinghe, David Bateson, Steven Y.H. Lim, Prakash Pillai,
John Savage, Guy Spooner

The winners of the second YSIAC Essay Competition were presented with their prizes during the Congress. The winner was Rajat Rana of Baker Botts, L.L.P., USA, the 1st Runner Up was Arie Chase Eernisse of Shin & Kim, South Korea, and the 2nd Runner Up was Sinyee Ong of Ashurst LLP, Singapore.

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Left to Right: Nicholas Lingard, Rajat Rana

Members of the audience
The stellar line-up of panellists, which included members of the SIAC Court of Arbitration, other leading arbitration practitioners and senior in-house counsel, shared their collective insights and views on current hot topics, recent global trends and developments and what lies ahead in the complex world of multi-jurisdictional disputes. The SIAC Congress 2016 was a landmark event for practitioners and in-house counsel alike, as it provided them with the unique opportunity to be the first to learn about the new SIAC Rules.

27 May 2016 – SIAC Charity Gala Dinner

The social highlight of the SIAC Congress Week was the SIAC Charity Gala Dinner, a black-tie event in celebration of SIAC’s 25 years in arbitration, which featured a charity auction in support of the Community Justice Centre (CJC). The CJC is a Singapore charity that provides support to litigants-in-person including the homeless, disabled and victims of domestic violence. Over 350 guests attended the Gala Dinner with Mr Chelva Rajah, SC, a member of SIAC’s Board of Directors, keeping the mood festive and everyone entertained as Master of Ceremonies for the evening.

Ms Lim Seok Hui, CEO of SIAC and SIMC, opened the evening with a Welcome Speech and Toast. She thanked members of the SIAC Congress Organising Committee for their hard work, and presented them with tokens of appreciation. In celebration of SIAC’s 25 years, Ms Lim introduced some members of the present and former management of SIAC, and invited them up on stage for a toast along with the Chairman, President and members of SIAC’s Board of Directors and Court of Arbitration.

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SIAC Charity Gala Dinner Left to Right: Lucien Wong, SMS Indranee Rajah, Lim Seok Hui,
Gary Born

Ms Indranee Rajah, Senior Minister of State, Ministry of Finance and Ministry of Law, and the Charity Gala Guest of Honour, delivered an engaging Opening Address. She was followed by Judicial Commissioner See Kee Oon, Presiding Judge, State Courts, who spoke about the CJC, its mission and projects. A short, touching video on the CJC was screened, leaving hardly a dry eye in the room.

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Guest of Honour: SMS Indranee Rajah Board & Court Members, former SIAC management,
SIAC Congress Organising Committee, SIAC Secretariat,
Guest of Honour: SMS Indranee Rajah

The Gala Dinner featured both a silent auction and a live auction to raise funds for the CJC. The highlight of the evening was the live auction by guest auctioneer Mr Thio Shen Yi, SC and President of the Law Society of Singapore and Joint Managing Director of TSMP Law Corporation, who “sold” Mr Toby Landau QC as “trainee for a day” for a respectable SGD10,000 to leading India lawyer and a member of SIAC’s Board of Directors, Mr Rajiv Luthra.

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Thio Shen Yi, SC Left to Right: Toby Landau QC, Rajiv K Luthra

SIAC would like to express its sincere thanks and utmost appreciation to all donors and bidders for their participation in the charity auction and their generous cash pledges. We are delighted to have been given the opportunity to partner with CJC and members of the international arbitration community to support the CJC’s charitable programmes.
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Thu, 07 Jul 2016 12:24:27 +0800
SIAC Announces the Official Release of the SIAC Rules 2016 http://www.siac.org.sg/113-resources/press-releases/press-release-2016/492-siac-announces-the-official-release-of-the-siac-rules-2016 http://www.siac.org.sg/113-resources/press-releases/press-release-2016/492-siac-announces-the-official-release-of-the-siac-rules-2016

30 June 2016
SIAC Announces the Official Release of the SIAC Rules 2016


The Singapore International Arbitration Centre (SIAC) is pleased to announce the official release of the sixth edition of the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules 2016”). The SIAC Rules 2016 will be available on the SIAC website from 1 July 2016, and will come into effect on 1 August 2016.

The SIAC Rules 2016 were jointly produced by the SIAC Secretariat working closely with the Rules Revision Executive Committee and various subcommittees of the Court of Arbitration of SIAC, and following extensive consultation with SIAC's global Users Council and a public consultation exercise. SIAC received nearly 1,000 comments during the course of extensive public consultations in multiple forums in, among others, Asia, Europe and North America.

Some of the key highlights of the SIAC Rules 2016 include: new provisions on consolidation, multiple contracts, and joinder of additional parties to facilitate the cost-effective and efficient resolution of disputes; the introduction of an innovative procedure for the early dismissal of claims and defences, making SIAC the first amongst the world's major commercial arbitration centres to adopt this provision in its Rules; and delocalisation of the seat of arbitration. In addition, further enhancements have been made to the popular Expedited Procedure and Emergency Arbitrator special procedures (both of which were first introduced in July 2010), to better serve the needs of users from all over the world.

A brief summary of the notable features of the SIAC Rules 2016 is here.

Gary Born, President of the Court of Arbitration of SIAC, commented, “We are delighted to be launching the SIAC Rules 2016, which incorporate progressive and user-friendly processes to ensure that SIAC continues to provide world class, cost-competitive dispute resolution services and consolidate its position as the forum of choice for parties from diverse legal systems and cultures. We take this opportunity to thank everyone who was involved in this project for their invaluable contributions and extraordinarily useful feedback. These Rules provide a state-of-the-art procedural framework for efficient, expert and enforceable resolution of international disputes of all kinds, in all parts of the world."


For more information please contact:

Singapore International Arbitration Centre
T: +65 6221 8833
E: corpcomms@siac.org.sg
W: www.siac.org.sg
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured Press Release 2016 Press Releases Resources Thu, 30 Jun 2016 12:33:57 +0800
YSIAC Essay Competition 2016 http://www.siac.org.sg/69-siac-news/489-ysiac-essay-competition-2016 http://www.siac.org.sg/69-siac-news/489-ysiac-essay-competition-2016

7 June 2016
YSIAC Essay Competition 2016


YSIAC recently held its second Essay Competition for 2016 in conjunction with the SIAC Congress 2016.

Participants were invited to submit original essays on any of the following topics:

· Conflicts of interest often restrict the ability of lawyers in law firms to take on arbitrator appointments. Is this a problem for diversity in arbitration and, if so, what solutions can be proffered to improve the situation?

· To what extent can arbitral rules from arbitral institutions such as SIAC provide a credible alternative to investor-state arbitration under ICSID or UNCITRAL Rules? Participants may refer to the draft SIAC Investment Arbitration Rules.

We received an overwhelming response of 47 entries from 17 different countries. We would like to thank all of the participants for entering the Competition.

We are pleased to announce the following winners as chosen by a distinguished panel of judges:

Winner
Rajat Rana
Baker Botts L.L.P., USA
Click here to view the essay
1st Runner Up
Arie Chase Eernisse
Shin & Kim, South Korea
Click here to view the essay
2nd Runner Up
Sinyee Ong
Ashurst LLP, Singapore
Click here to view the essay

Special thanks are in order both to the YSIAC Publications Sub-committee and our esteemed judges – Prof Bernard Hanotiau, Partner, Hanotiau & van den Berg; Member, SIAC Court of Arbitration; Mr Nicholas Lingard, Partner, Freshfields Bruckhaus Deringer; Prof Michael Pryles, Founder President, SIAC Court of Arbitration, for their tremendous efforts and time in reviewing and selecting the winning entries within a very tight timeframe.

Finally, we would like to express our sincere thanks to the Essay Competition Prize Sponsor, Freshfields Bruckhaus Deringer, for its invaluable contribution to the success of this event.
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Thu, 09 Jun 2016 06:12:39 +0800
Singapore is becoming a world leader in arbitration http://www.siac.org.sg/69-siac-news/488-singapore-is-becoming-a-world-leader-in-arbitration http://www.siac.org.sg/69-siac-news/488-singapore-is-becoming-a-world-leader-in-arbitration

3 June 2016
Singapore is becoming a world leader in arbitration


Jane Croft at the Financial Times reported that "Singapore is challenging established centres for arbitration such as London, Paris and Stockholm."
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Wed, 08 Jun 2016 17:27:22 +0800
SIAC Signs Memorandum of Agreement with GIFT http://www.siac.org.sg/113-resources/press-releases/press-release-2016/486-siac-signs-memorandum-of-agreement-with-gift http://www.siac.org.sg/113-resources/press-releases/press-release-2016/486-siac-signs-memorandum-of-agreement-with-gift

3 June 2016
SIAC Signs Memorandum of Agreement with GIFT


The Singapore International Arbitration Centre (SIAC) is pleased to announce that it has entered into a Memorandum of Agreement (MOA) with the Gujarat International Finance Tec-City Company Limited (GIFTCL) and GIFT SEZ Limited (GIFT SEZ). Under the MOA, SIAC, GIFTCL and GIFT SEZ will collaborate to promote the use of arbitration, mediation, and other dispute resolution mechanisms, including the innovative Arb-Med-Arb service offered by the SIAC and the Singapore International Mediation Centre (SIMC), to resolve international commercial disputes in India's International Financial Services Centre in Gujarat International Finance Tec-City (IFSC-GIFT).

Under the MOA, SIAC will establish a representative office in the IFSC-GIFT, which will be instrumental in promoting SIAC’s world-class international arbitration services to Indian users. Indian parties have consistently ranked amongst the top five foreign users of SIAC in the last five years, and was the top foreign user of SIAC in 2013 and 2015.

Mr. Ajay Pandey, Managing Director and Group CEO of GIFTCL, stated “We are delighted to have SIAC set up a representative office in the IFSC-GIFT. Any successful IFSC requires an efficient dispute resolution mechanism, and in this regard, SIAC is the choice partner for IFSC-GIFT: Singapore is a reputable seat of arbitration; SIAC, and the SIAC Rules, are already widely used by Indian companies, as well as international companies investing in India, to resolve their disputes. Through this collaboration, the Indian and international businesses in the IFSC-GIFT will be able to choose SIAC as their preferred mode of dispute resolution.”

Ms Lim Seok Hui, CEO of SIAC and SIMC, commented that “India has always been an important market for SIAC and this MOA reflects our continuous commitment to maintain and strengthen our relationship with our Indian users. Our partnership with GIFTCL and GIFT SEZ opens new doors for SIAC to promote its services to businesses and investors within the IFSC-GIFT. SIAC’s case management services offer the international investors and businesses from different legal systems and cultures the benefits of certainty and flexibility. SIAC’s Rules are user-friendly, efficient and cost-effective. By establishing our representative office in the IFSC-GIFT, we aim to contribute to GIFT City's economic development.”


For more information please contact:

Singapore International Arbitration Centre
T: +65 6221 8833
E: corpcomms@siac.org.sg
W: www.siac.org.sg
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured Press Release 2016 Press Releases Resources Fri, 03 Jun 2016 22:16:08 +0800
SIAC Rules 2016 http://www.siac.org.sg/69-siac-news/485-siac-rules-2016 http://www.siac.org.sg/69-siac-news/485-siac-rules-2016

1 June 2016
SIAC Rules 2016


The SIAC Rules 2013 remain in force. The SIAC Rules 2016 will be made available on the SIAC website upon formal release and will set out the date of application. Please contact us at corpcomms@siac.org.sg if you would like to receive notification of publication.
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Thu, 02 Jun 2016 21:28:19 +0800
SIAC Announces Appointment of New Registrar and Promotion of Deputy Registrar http://www.siac.org.sg/113-resources/press-releases/press-release-2016/481-siac-announces-appointment-of-new-registrar-and-promotion-of-deputy-registrar http://www.siac.org.sg/113-resources/press-releases/press-release-2016/481-siac-announces-appointment-of-new-registrar-and-promotion-of-deputy-registrar

27 April 2016
SIAC Announces Appointment of New Registrar and Promotion of Deputy Registrar


The Singapore International Arbitration Centre (SIAC) is pleased to announce the appointment of Ms Delphine Ho as Registrar of SIAC with effect from 20 May 2016, and the promotion of its Deputy Registrar, Mr Kevin Nash, to Deputy Registrar and Centre Director, effective 1 May 2016. Ms Ho will succeed the former Registrar, Ms Tan Ai Leen, who has moved to an in-house role.

Ms Ho graduated from the National University of Singapore, and is qualified both as an advocate and solicitor in Singapore and as a solicitor in England and Wales. Ms Ho was previously in private practice with leading Singapore local firms, where her areas of practice included international and domestic arbitrations, cross-border commercial disputes, and building and construction as well as company and shareholder matters. Prior to joining SIAC, she was in public service as an Assistant Registrar of the Supreme Court of Singapore.

As Registrar, Ms Ho will oversee the SIAC Secretariat in the provision of case management services. In addition, under the International Arbitration Act, she will be the statutory authority for taxation of costs.

Mr Nash is currently the Acting Registrar of SIAC during the interim period prior to Ms Ho’s commencement as Registrar. Following his promotion to Deputy Registrar and Centre Director, Mr Nash will assume additional responsibilities in business development and the recruitment and professional development of counsel in the SIAC Secretariat.

Mr Gary Born, President of the SIAC Court of Arbitration, commented, “The addition of Ms Ho and promotion of Mr Nash reflect the continuing growth of SIAC’s caseload and our commitment to providing the highest standard of efficient, professional case management for international arbitrations.”

Ms Lim Seok Hui, CEO of SIAC and the Singapore International Mediation Centre, said, “We are delighted to welcome Delphine, an experienced arbitration practitioner who has worked in both the private and public sectors, to the SIAC team, and warmly congratulate Kevin on his well-deserved promotion, which is a timely acknowledgement of his hard work, commitment and efforts since joining SIAC in 2012. We look forward to working closely together with the SIAC Board of Directors and SIAC Court of Arbitration to consolidate our position at the forefront of institutional arbitration by continuing to focus on delivering world-class dispute resolution services to users in the international arbitration community.”

For more information please contact:

Singapore International Arbitration Centre
T: +65 6221 8833
E: corpcomms@siac.org.sg
W: www.siac.org.sg
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured Press Release 2016 Press Releases Resources Thu, 28 Apr 2016 08:22:42 +0800
SIAC Annual Appreciation Event 2016 http://www.siac.org.sg/69-siac-news/480-siac-annual-appreciation-event-2016 http://www.siac.org.sg/69-siac-news/480-siac-annual-appreciation-event-2016

SIAC Annual Appreciation Event 2016

The Singapore International Arbitration Centre (SIAC) Annual Appreciation Event 2016 was held on 25 February 2016 in Singapore.

The evening commenced with a Welcome Address from Mr Lucien Wong, Chairman of SIAC. Mr Wong noted that 2015 was a milestone year for SIAC, as it recorded its highest ever number of cases filed (271), highest ever number of administered cases (244) and highest ever total sum in dispute (S$6.23 billion). Compared to just a decade or so ago, SIAC's new case filings have grown by over 300%.

IMG_8590 IMG_8765 IMG_8919
Left to Right: Gary Born, Lim Seok Hui, Lucien Wong Welcome Address delivered by Lucien Wong Left to Right: Permanent Secretary,
Ng How Yue, Ministry of Law Singapore,
Lim Seok Hui, Lucien Wong

Mr Wong also thanked the President of the SIAC Court of Arbitration, Mr Gary Born, and the two Vice Presidents, Mr Cavinder Bull, SC and Mr John Savage, as well as all the Court members for their tremendous efforts and contributions during the year. Mr Wong noted that the Court members had been instrumental in implementing a number of key initiatives, such as the SIAC Rules revision and the establishment of the SIAC Users Council and Users Council Committees all over the world, and had actively participated in various SIAC and YSIAC events and workshops overseas. Mr Wong also thanked SIAC’s Board members for their time and valuable input in overseeing SIAC’s operations as well as business strategy and development.

IMG_9022 IMG_9042 IMG_9060
Guests at the event Guests SIAC Annual Report 2015

Thereafter, Ms Lim Seok Hui, CEO of SIAC and the Singapore International Mediation Centre, gave her Opening Remarks. Ms Lim took the audience through event highlights of 2015, which featured a number of inaugural YSIAC events both locally and overseas, including the YSIAC Conference in Singapore and YSIAC Essay Competition in June, followed by a series of overseas YSIAC Advocacy Workshops which were mock arbitration training workshops for younger arbitration practitioners. The YSIAC Advocacy Workshops followed the same circuit as the SIAC Overseas Conferences and were held in several cities including Delhi, Mumbai, Jakarta, Beijing, Seoul and Tokyo.

IMG_9043 IMG_8882 IMG_8700
Guests Announcement of SIAC 2015
Case Statistics by Gary Born
Cavinder Bull, SC with guests

Mr Born then presented the highlight of the evening, namely, the 2015 SIAC case statistics. Mr Born informed the audience that in 2015, SIAC received 271 new cases from parties from 55 jurisdictions. 84% of new cases filed in 2015 were international in nature, which means that they included at least one foreign party, and about half were cases involving only foreign parties with no connection to Singapore.

Mr Born also presented the nationalities of party-nominated arbitrators as well as arbitrators appointed by SIAC, highlighting that female arbitrators appointed by SIAC in 2015 constituted nearly a quarter of all arbitrator appointments.

In 2015, SIAC’s top three foreign users were India, China and South Korea, with the USA and Australia in fourth and fifth places, respectively. The other parties in the top ten list of foreign users included Vietnam, Hong Kong, Indonesia and Malaysia.

IMG_8701 IMG_8550 IMG_8689 IMG_8943
Guests SIAC Business
Development Team
Guests SIAC Business
Development Team
with guest
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Wed, 13 Apr 2016 17:25:24 +0800
SIAC Signs Memorandum of Understanding with Oe-Cusse Administration http://www.siac.org.sg/113-resources/press-releases/press-release-2016/478-siac-signs-memorandum-of-understanding-with-oe-cusse-administration http://www.siac.org.sg/113-resources/press-releases/press-release-2016/478-siac-signs-memorandum-of-understanding-with-oe-cusse-administration

28 March 2016
SIAC Signs Memorandum of Understanding with Oe-Cusse Administration


The Singapore International Arbitration Centre (SIAC) is pleased to announce that it has entered into a Memorandum of Understanding with the Authority of the Special Administrative Region of Oe-Cusse Ambeno (SAROA) and Special Zones for Social Market Economy (ZEESM) Timor-Leste (SAROA-ZEESM TL), formalising a collaboration under which SIAC will provide dispute resolution services for SAROA-ZEESM TL in relation to contracts between SAROA-ZEESM TL and private sector firms, investors and service providers.

Dr Mari Alkatiri, President of the Authority of SAROA-ZEESM TL, stated that the MOU aimed to strengthen investor confidence, adding that “Access to high quality dispute resolution services is a prime concern for investors and contractors. By partnering with SIAC, we have ensured that anyone investing in Oe-Cusse can be assured of dispute resolution services of the highest standards. This is an innovative step we have taken and sends a clear message to the private sector: Oe-Cusse offers an enabling, world class business environment.”

Ms Lim Seok Hui, CEO of SIAC and the Singapore International Mediation Centre (SIMC), commented that “Arbitration and the innovative Arb-Med-Arb process offer international investors and businesses from different legal systems and cultures, the benefits of certainty coupled with flexibility within an institutionalised framework that is user-friendly, practical and saves parties time and costs. Over the past 25 years, SIAC has worked closely with parties from all over the world, including governments and private sector firms, to develop and promote international arbitration as an efficient and cost-effective means to resolve their cross-border commercial disputes. By providing quality, efficient and neutral dispute resolution mechanisms, we aim to contribute to Oe-Cusse's economic development.”


For more information please contact:

Singapore International Arbitration Centre
T: +65 6221 8833
E: corpcomms@siac.org.sg
W: www.siac.org.sg
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured Press Release 2016 Press Releases Resources Mon, 28 Mar 2016 13:16:28 +0800
Official Launch of SIAC Shanghai Office http://www.siac.org.sg/69-siac-news/477-official-launch-of-siac-shanghai-office http://www.siac.org.sg/69-siac-news/477-official-launch-of-siac-shanghai-office

2 March 2016
Official Launch of SIAC Shanghai Office


SIAC commemorated the official launch of its Shanghai office with a cocktail reception on 2 March 2016 in Shanghai, which was attended by over 200 international and local guests, including members of our SIAC Board of Directors and Court of Arbitration, leading international arbitration practitioners, corporate lawyers and general counsel from various industries. Senior representatives from International Enterprise (IE) Singapore, mainland Chinese arbitration commissions (including China International Economic and Trade Arbitration Commission (CIETAC), Shanghai International Arbitration Centre (SHIAC), Shanghai Arbitration Commission and China Maritime Arbitration Commission), as well as various chambers of commerce such as China Chamber of International Commerce and Chamber of International Commerce Shanghai, also attended the event.

The official launch featured opening speeches by Mr Philip Ong, Acting Consul-General, Singapore Consulate-General in Shanghai; Mr Yu Jianlong, Secretary-General, China Chamber of International Commerce; Mr Cavinder Bull, SC, Vice-President, SIAC Court of Arbitration and Deputy Chairman, SIAC Board of Directors and Ms Lim Seok Hui, CEO, SIAC and SIMC.

The Shanghai office will serve as a platform for SIAC to promote and develop international arbitration in China together with our partners and friends in the Chinese arbitration community.

JIM_0322 JIM_0118
[From left to right] Ms Lim Seok Hui, Mr Yu Jianlong, Mr Cavinder Bull, SC, Mr Philip Ong Guests at the cocktail reception

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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Fri, 11 Mar 2016 16:23:17 +0800
SIAC Announces Record Case Numbers for 2015 http://www.siac.org.sg/113-resources/press-releases/press-release-2016/474-siac-announces-record-case-numbers-for-2015 http://www.siac.org.sg/113-resources/press-releases/press-release-2016/474-siac-announces-record-case-numbers-for-2015

25 February 2016
SIAC Announces Record Case Numbers for 2015


The Singapore International Arbitration Centre (SIAC) is pleased to announce the official release of its 2015 Annual Report at the SIAC Annual Appreciation Event this evening. 2015 was a milestone year for SIAC. SIAC recorded the highest ever number of cases filed, highest ever number of administered cases and highest ever total sum in dispute in the history of SIAC, which commenced operations in 1991. SIAC’s case filings have increased by over 300% in the last ten years.

In 2015, SIAC received 271 new cases from parties from 55 jurisdictions. This was a 22% increase from the 222 new cases filed in 2014 and an increase of nearly 5% from the previous record of 259 new cases filed in 2013. 2015 also saw the highest ever number of administered cases – 244 - at SIAC.

Another new record was set in 2015 for the total sum in dispute, which amounted to S$6.23 billion, an increase of 24% from S$5.04 billion in 2014 and 3% from S$6.06 billion in 2013. The highest claim amount was S$2.03 billion.

Ms Lim Seok Hui, CEO of SIAC, commented on the release of the 2015 case statistics: “We are very pleased with SIAC’s strong performance in 2015. SIAC’s administered caseload has grown steadily over the years, and reflects user confidence globally in the quality and efficiency of the case management services provided by the SIAC Secretariat working closely with the SIAC Court of Arbitration.


For more information please contact:

Singapore International Arbitration Centre
T: +65 6221 8833
E: corpcomms@siac.org.sg
W: www.siac.org.sg
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured Press Release 2016 Press Releases Resources Thu, 25 Feb 2016 18:53:28 +0800
Public Consultation on Draft SIAC Investment Arbitration Rules http://www.siac.org.sg/113-resources/press-releases/press-release-2016/469-public-consultation-on-draft-siac-investment-arbitration-rules http://www.siac.org.sg/113-resources/press-releases/press-release-2016/469-public-consultation-on-draft-siac-investment-arbitration-rules

1 February 2016
Public Consultation on Draft SIAC Investment Arbitration Rules


The Singapore International Arbitration Centre (SIAC) is pleased to announce the commencement of the public consultation process on its draft Investment Arbitration Rules 2016 (the “draft IA Rules”), a comprehensive set of specialised rules for the administration of investment arbitrations by SIAC.

The draft IA Rules aim to provide an alternative, bespoke set of procedures to the SIAC Arbitration Rules. They address issues which have been the focus of much discussion within the international arbitration community, including, in particular, the provisions on early dismissal of claims, confidentiality, submissions by non-disputing parties and disclosure of third party funding arrangements.

The draft IA Rules were produced in consultation with the SIAC Court of Arbitration Rules Revision Executive Committee, working closely with the Court sub-committee on investment arbitration. The Committee is composed of leading practitioners from all over the world, and is chaired by the President of the SIAC Court of Arbitration, Mr Gary Born.

SIAC greatly values feedback from its users about the quality and efficiency of SIAC arbitration. SIAC encourages users from around the world to provide their comments on the draft IA Rules. Mr Born commented on the release of the draft IA Rules: “As investment arbitration continues to grow, in Asia and elsewhere, the new SIAC Investment Arbitration Rules are intended to provide an efficient and neutral set of procedural rules tailored to the needs of both states and investors. We look forward to receiving comments from users around the world.”

SIAC invites all interested users and practitioners to review the draft IA Rules and send in their comments during the consultation period (1 February to 29 February 2016). SIAC welcomes all suggestions on the contents of the draft IA Rules, as well as any other issues and/or areas not already provided in the draft. The draft IA Rules are available on the SIAC website (click here) and comments may be sent to rulesconsult@siac.org.sg, or in hard copy to:

Singapore International Arbitration Centre
32 Maxwell Road #02-01
Maxwell Chambers Singapore 069115
Fax: +65 6224 1882

For more information please contact:

Singapore International Arbitration Centre
T: +65 6221 8833
E: corpcomms@siac.org.sg
W: www.siac.org.sg
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured Press Release 2016 Press Releases Resources Mon, 01 Feb 2016 21:06:04 +0800
SIAC Appoints New Court Member http://www.siac.org.sg/113-resources/press-releases/press-release-2016/468-siac-appoints-new-court-member http://www.siac.org.sg/113-resources/press-releases/press-release-2016/468-siac-appoints-new-court-member

1 February 2016
SIAC Appoints New Court Member


The Singapore International Arbitration Centre (SIAC) is pleased to announce the appointment of Mr Darius Khambata, Senior Counsel, to the SIAC Court of Arbitration with effect from 1 February 2016.

Mr Khambata practises before the Bombay High Court and the Supreme Court of India. He has previously held two distinguished public law offices, as Advocate General for Maharashtra from 2012 to 2014, and before that, as Additional Solicitor General of India for three years.

Mr Khambata has appeared in several important constitutional, corporate and commercial matters and in significant domestic and international commercial arbitrations. He is a specialist in several practice areas, including securities, arbitration, corporate, constitutional, administrative and environmental law. As Law Officer, he argued several cases involving complex constitutional, administrative, criminal, tax and environmental law issues. Mr Khambata was a member of the Law Commission of India’s Committee that recommended substantial amendments to Indian arbitration law.

Mr Khambata commented on his appointment, "I am privileged to have the opportunity to serve on the Court of one of the world's premier arbitral institutions, and look forward to working closely with members of the SIAC Court and SIAC Secretariat to ensure that SIAC remains committed to delivering quality, cost-efficient dispute resolution services to users from diverse backgrounds and cultures."

Mr Gary Born, President of the SIAC Court of Arbitration, welcomed the appointment of Mr Khambata. "We are honoured and delighted to have Mr Khambata, a very well-respected member of the Indian legal community and leading international arbitration practitioner, join us on the SIAC Court. He will complement the impressive breadth and depth of expertise of the current Court members with his unique knowledge and experience, and ensure that SIAC maintains its position as a global arbitral institution handling cases and parties from different legal systems all over the world."

Following this latest appointment, the members of the SIAC Court of Arbitration are:

1. Mr Gary Born – Wilmer Cutler Pickering Hale and Dorr LLP, UK (President)
2. Dr Michael Pryles – Melbourne, Australia (Founder President)
3. Mr Cavinder Bull, SC – Drew & Napier LLC, Singapore (Vice-President)
4. Mr John Savage – King & Spalding LLP, Singapore (Vice-President)
5. Ms Claudia Annacker – Cleary Gottlieb Steen & Hamilton LLP, France
6. Mr Lijun Cao – Zhong Lun Law Firm, China
7. Mr Paul Friedland – White & Case LLP, USA
8. Mr Emmanuel Gaillard – Shearman & Sterling LLP, France
9. Dr Bernard Hanotiau – Hanotiau & van den Berg, Belgium
10. Mr Darius Khambata, Senior Counsel – India
11. Mr Toby Landau QC – Essex Court Chambers, UK
12. Dr Eun Young Park – Kim & Chang, Korea
13. Professor Jan Paulsson – Three Crowns LLP, USA
14. Ms Lucy Reed – Freshfields Bruckhaus Deringer, Singapore
15. Mr Harish Salve SA – Blackstone Chambers, India
16. Mr Hiroyuki Tezuka – Nishimura & Asahi, Japan
17. Ms Ariel Ye – King & Wood Mallesons, China
18. Mr Alvin Yeo, SC – WongPartnership LLP, Singapore

For more information please contact:

Singapore International Arbitration Centre
T: +65 6221 8833
E: corpcomms@siac.org.sg
W: www.siac.org.sg
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured Press Release 2016 Press Releases Resources Mon, 01 Feb 2016 14:43:17 +0800
Opening of SIAC Office in Shanghai http://www.siac.org.sg/113-resources/press-releases/press-release-2016/467-opening-of-siac-office-in-shanghai http://www.siac.org.sg/113-resources/press-releases/press-release-2016/467-opening-of-siac-office-in-shanghai

25 January 2016
Opening of SIAC Office in Shanghai


The Singapore International Arbitration Centre (SIAC) is pleased to announce the opening of a representative office in the China (Shanghai) Pilot Free Trade Zone (FTZ). The launch of the Shanghai office underpins SIAC’s steadily growing popularity amongst Chinese parties, and is an integral part of SIAC’s continuous efforts to forge closer ties with Chinese companies and lawyers in the international arbitration community in mainland China. The establishment of a formal presence in the Shanghai FTZ follows the State Council’s announcement in April 2015 that it would “support the introduction of internationally renowned commercial dispute resolution institutions” as part of its plan for further development of the zone.

SIAC’s Shanghai office will be instrumental in promoting SIAC’s world-class international arbitration services to Chinese users. Chinese parties have consistently ranked amongst the top five foreign users of SIAC in the last five years, and were the top foreign user of SIAC in 2012 and 2014. The Shanghai office will work with mainland Chinese arbitration commissions to promote the development of international arbitration and global best practices, by organising training workshops and networking events for arbitrators and practitioners.

The Shanghai office will be led by Ms Sophia Feng, a China-qualified lawyer who heads up SIAC’s China desk. Prior to joining SIAC in 2014, Ms Feng practised as counsel with a Beijing law firm in the areas of civil and commercial litigation, arbitration and enforcement.

Mr Lucien Wong, Chairman of the SIAC Board of Directors, welcomed this exciting new development. “SIAC greatly values its Chinese users who have contributed significantly to the success of SIAC as one of the world’s premier arbitral institutions. Opening an SIAC office in the Shanghai FTZ will enhance our existing ties with the legal and business communities in China by allowing us to interact more closely with users and other key players in international arbitration in China.”

Mr Gary Born, President of the SIAC Court of Arbitration, commented: “The opening of the Shanghai office, following the establishment of SIAC’s other overseas offices in India and South Korea, marks another special milestone for SIAC in its Silver Jubilee year, underscoring SIAC’s firm commitment to remain at the forefront of international arbitration practice.”

This will be the third overseas office for SIAC, following the opening of its overseas offices in Mumbai, India, and Seoul, South Korea, in 2013.

SIAC will be commemorating the official launch of its Shanghai office with a cocktail reception on 2 March 2016, the eve of the 19th Annual IBA International Arbitration Day 2016 conference which will be attended by international and local arbitration practitioners from all over the world.

For more information please contact:

Singapore International Arbitration Centre
T: +65 6221 8833
E: corpcomms@siac.org.sg
W: www.siac.org.sg
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured Press Release 2016 Press Releases Resources Tue, 26 Jan 2016 07:11:30 +0800
Public Consultation on Draft SIAC Arbitration Rules http://www.siac.org.sg/113-resources/press-releases/press-release-2016/465-public-consultation-on-draft-siac-arbitration-rules http://www.siac.org.sg/113-resources/press-releases/press-release-2016/465-public-consultation-on-draft-siac-arbitration-rules

18 January 2016
Public Consultation on Draft SIAC Arbitration Rules


The Singapore International Arbitration Centre (“SIAC”) is pleased to announce the opening of the public consultation process on its draft revised Arbitration Rules 2016 (the “draft Rules”).

The revision of SIAC’s Arbitration Rules takes into account recent developments in international arbitration practice and procedure, and is aimed at better serving the needs of the businesses, financial institutions and governments that use SIAC. The draft Rules were produced in consultation with the SIAC Court of Arbitration Rules Revision Executive Committee working with various Court sub-committees involved in key areas of revision, composed of leading practitioners from all over the world, and chaired by the President of the SIAC Court of Arbitration, Mr Gary Born.

SIAC greatly values feedback from its users (parties, counsels, arbitrators) about the quality and efficiency of SIAC arbitration. SIAC encourages users from around the world to provide their comments on the draft Rules. Mr Born commented on the release of the draft Rules: "We look forward to working with our users and keeping the SIAC Rules at the forefront of arbitral practice."

The draft Rules include new joinder, intervention and consolidation provisions, revisions to SIAC’s emergency arbitrator and expedited procedure, and new provisions requiring tribunals to commit to a schedule for the closing of proceedings and subsequent delivery of draft awards. SIAC will also soon be releasing a set of draft Investment Arbitration Rules for public consultation.

SIAC invites all interested users and practitioners to review the draft Arbitration Rules and send in their comments during the consultation period (18 January to 29 February 2016). SIAC welcomes all suggestions on the contents of the draft Rules, as well as any other issues and/or areas not already provided in the draft. The draft Rules are available on the SIAC website (click HERE) and comments may be sent to rulesconsult@siac.org.sg, or in hard copy to:

Singapore International Arbitration Centre
32 Maxwell Road #02-01
Maxwell Chambers
Singapore 069115
Fax: +65 6224 1882

SIAC remains committed to meeting the highest standards of excellence that parties have come to expect, and to further improving the quality and efficiency of SIAC-administered arbitrations.

For more information please contact:

Singapore International Arbitration Centre
T: +65 6221 8833
E: corpcomms@siac.org.sg
W: www.siac.org.sg
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured Press Release 2016 Press Releases Resources Tue, 19 Jan 2016 08:01:22 +0800
The SIAC 2015 Year in Review http://www.siac.org.sg/69-siac-news/462-the-siac-2015-year-in-review http://www.siac.org.sg/69-siac-news/462-the-siac-2015-year-in-review

The SIAC 2015 Year in Review


Happy New Year from all of us at SIAC and best wishes for a successful 2016.

As we welcome 2016 and begin the countdown to the Year of the Monkey, we look back at some memorable moments in 2015, an extremely busy and successful year at SIAC.

img-Gary_Born img-Claudia_Annacker img-Cao_Lijun img-Toby_Landau img-Eun_YoungPark img-Lucy_Reed img-Michael_Moser
[From Left to Right]: Mr Gary Born, Ms Claudia Annacker, Mr Lijun Cao, Mr Toby Landau QC, Dr Eun Young Park, Ms Lucy Reed and Dr Michael Moser

1.
New SIAC Court President Mr Gary Born and new Court Members; New Board Member

In April 2015, SIAC welcomed the appointment of a new President of the SIAC Court of Arbitration, Mr Gary Born, and five new members of the Court - Ms Claudia Annacker of Cleary Gottlieb Steen & Hamilton LLP, Mr Lijun Cao of Zhong Lun Law Firm, Mr Toby Landau QC of Essex Court Chambers, Dr Eun Young Park of Kim & Chang (who is concurrently a member of SIAC’s Board of Directors) and Ms Lucy Reed of Freshfields Bruckhaus Deringer.

Dr Michael Pryles, Founder President of the SIAC Court of Arbitration, stepped down from his role as President, but remains a member of the SIAC Court of Arbitration. SIAC wishes to express its sincere thanks and appreciation to Dr Pryles, who has been instrumental in developing SIAC into a world-class arbitration centre during his term in office.

In January 2015, Dr Michael J. Moser, a leading international arbitrator and an arbitrator member of 20 Essex Street Chambers, joined the Board of Directors. The distinguished members of the SIAC Board of Directors and SIAC Court of Arbitration reflect SIAC’s strong commitment to remain at the forefront of global international arbitration practice.

2.
SIAC Rules Revision

In August 2015, SIAC formally commenced the review of its SIAC Arbitration Rules 2013.The Rules revision will take into account recent developments in international arbitration practice and procedure, and is aimed at better serving the needs of the businesses, financial institutions and governments that use SIAC. SIAC will announce the global launch of its new SIAC Arbitration Rules 2016 at the biennial SIAC Congress to be held on 27 May 2016 at St Regis, Singapore.

3.
SIAC Users Council and Users Council Committees

In September 2015, SIAC established its Users Council, which is comprised of users of international arbitration, both commercial and investment, leading international arbitration practitioners and arbitrators from over 30 jurisdictions around the world, in Asia, North and South America, Europe, Africa and elsewhere. The composition and diversity of the Users Council underscores SIAC’s role as a global arbitral institution, handling cases and parties from all regions of the world and all systems of law.

The SIAC Users Council will play a key role in the SIAC Arbitration Rules revision process by providing feedback from users and others in the field of international arbitration on the SIAC Arbitration Rules, and the development of SIAC as a global arbitral institution.

SIAC has also formed a Users Council Executive Committee and various Users Council Regional and National Committees, all of which will play an important role in overseeing, coordinating and liaising with the members of the SIAC Users Council within their respective jurisdictions. The Users Council Executive Committee is chaired by Mr Gary Born, SIAC Court President, and Committee members include Ms Lim Seok Hui, CEO of SIAC and the Singapore International Mediation Centre (SIMC), as well as the chairs of the Users Council Regional and National Committees.

4.
SIAC Model Clause

Underscoring its commitment to provide quality services to users in the global business community, SIAC announced the release of a revised Model Clause in September 2015. The revised SIAC Model Clause harmonises the previous SIAC Model Clause with the SIAC Model Clause for Contracts with PRC Parties, and provides a single, user-friendly Model Clause for the convenience of contracting parties who choose to have their disputes referred to arbitration with SIAC.

photo1 image011-2
Jakarta

Tokyo

5.
SIAC Overseas Conferences

One of the highlights of SIAC’s events programme for 2015 and a popular fixture on SIAC's annual calendar, was our series of Overseas Conferences held in Delhi (5 September), Mumbai (8 September), Jakarta (17 September), Beijing (3 November), and Tokyo (12 November). SIAC Court President, Mr Gary Born, SIAC Court Vice-President, Mr Cavinder Bull SC and other SIAC Court members as well as SIAC Board members, took time out from their extremely hectic schedules to support these events by taking on a variety of roles, as keynote speakers, moderators and panellists. Their participation and involvement ensured the success of these conferences, with audiences commenting enthusiastically on the quality and tone of the sessions, which were informative, witty and engaging.

IMG_6248 IMG_7873
SMS Indranee Rajah

YSIAC Conference

6.
YSIAC Conference and YSIAC Essay Competition

The inaugural YSIAC Conference held on 4 June 2015 at Maxwell Chambers in Singapore was a sell-out event, attracting an impressive turnout of 200 delegates, half of whom were from overseas jurisdictions, including the UK, USA, Australia, India, China, Indonesia, Korea, Japan and Hong Kong. Delegates included private practitioners, arbitrators, in-house counsel, public sector officials, industry service providers and members of business associations. Members of SIAC's Court joined other leading international arbitration experts in sharing their insights and providing practical advocacy tips to younger practitioners.

In conjunction with the YSIAC Conference, we organised the first-ever YSIAC Essay Competition, which received a total of 66 entries from 20 jurisdictions.

new-delhi-01 image015
YSIAC Delhi

YSIAC Beijing

7.
YSIAC Advocacy Roadshow

In the second half of 2015, working closely with the dynamic and indefatigable YSIAC Committee, we launched the YSIAC Advocacy Roadshow, which consisted of a series of mock arbitration workshops and talks in different cities aimed at developing advocacy skills in younger arbitration practitioners. The Advocacy Roadshow toured alongside the SIAC Overseas Conferences and other SIAC events, featuring SIAC Court President, Mr Gary Born, and other SIAC Court members, as Tribunal members in the mock arbitration sessions. The Advocacy Roadshow visited the following cities: Delhi, India (4 September); Mumbai, India (9 September); Jakarta, Indonesia (16 September); Beijing, China (4 November); Seoul, Korea (10 November), and Tokyo, Japan (12 November).

We would like to express our sincere appreciation and thanks to members of our Board and Court for their efforts and contributions, and to the YSIAC Committee for their hard work and unstinting support. We thank all of you, partners and friends of SIAC, for your invaluable support in making our various projects and initiatives a success.

Looking ahead to 2016, please mark your diaries for two upcoming major events on SIAC's calendar. Join us just after the Chinese New Year celebrations at our Annual Appreciation Event on 25 February 2016, when our 2015 results will be announced. Next up will be the SIAC Congress on 27 May 2016 and, to mark our Silver Jubilee celebrations this year, we will close the SIAC Congress with a Charity Gala Dinner in support of the Community Justice Centre (www.cjc.org.sg).

Registration for the SIAC Congress 2016 opens on 6 January 2016.

We invite all of you to join us at these upcoming events, and look forward to seeing you there!

With best regards,
The SIAC Team
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Thu, 07 Jan 2016 09:44:40 +0800