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10 May 2018
SIAC is Most Preferred Arbitral Institution in Asia and 3rd in the World

The Singapore International Arbitration Centre (SIAC) is pleased to announce that in the latest Queen Mary University of London International Arbitration Survey (QMUL Survey) released on 9 May 2018, SIAC ranked as the most preferred arbitral institution in Asia, and 3rd out of the top 5 arbitral institutions in the world.

The QMUL Survey is in its eighth edition and is one of the most prestigious International Arbitration surveys in the market. QMUL stated that this year’s QMUL Survey is the most “comprehensive empirical study” ever conducted by the university, with findings based on the questionnaire responses of 922 participants, including in-house counsel, arbitrators, firm practitioners, the staff of arbitral institutions, expert witnesses and third-party funders. 142 interviews were also conducted.

Singapore is the 3rd most preferred seat worldwide, after London and Paris, and ahead of Hong Kong, Geneva, New York and Stockholm. Singapore is the most preferred seat in Asia.

Mr Gary Born, President of the SIAC Court of Arbitration, commented, “The QMUL Survey confirms recent caseload statistics: Singapore and SIAC are preferred, around the world, as forums for resolving international disputes. We are committed to delivering the expertise, efficiency and independence that business and other users seek.”

Mr Davinder Singh, SC, Chairman of SIAC, said, “The survey findings firmly underscore Singapore’s and SIAC’s position at the forefront of international arbitration in the world.”

Ms Lim Seok Hui, CEO of SIAC, added, “We are truly delighted with this milestone achievement, which would not have been possible without the continued unwavering support of our users around the world. We are deeply grateful and appreciative of the trust they have placed in us.”


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 May 2018 20:27:32 +0800
SIAC Announces Appointment of New Court Vice President http://siac.org.sg/69-siac-news/567-siac-announces-appointment-of-new-court-vice-president http://siac.org.sg/69-siac-news/567-siac-announces-appointment-of-new-court-vice-president

8 May 2018
SIAC Announces Appointment of New Court Vice President

The Singapore International Arbitration Centre (SIAC) is pleased to announce the appointment of Prof Lucy Reed as a Vice President of the SIAC Court of Arbitration with effect from 29 June 2018. Prof Reed succeeds Mr John Savage QC, who previously served as a member of the SIAC Board of Directors from 2009 to 2017, and concurrently served as a Vice President of the SIAC Court of Arbitration from 2013 to March 2018. Mr Savage will continue to serve as a member of the SIAC Court.

Prof Reed is the Director of the Centre for International Law and Professor on the Law Faculty of the National University of Singapore. She previously led the global international arbitration group in Freshfields Bruckhaus Deringer, and has represented private and public clients in investment treaty and commercial arbitrations for more than 35 years. She now sits regularly as arbitrator in commercial and investment treaty cases.

Prof Reed said of her appointment, “I am honoured and excited to be taking on this role, and look forward to working closely with Gary, Cavinder and other SIAC Court members and the SIAC Secretariat to ensure that SIAC stays right at the very top of global arbitral institutions.”

Mr Gary Born, President of the SIAC Court of Arbitration, commented, “I am delighted to welcome Lucy as our new Vice President. She brings with her a wealth of experience and deep specialist knowledge in both commercial as well as investment arbitration. Her impressive reputation and professionalism will further enhance the international standing and profile of SIAC. We are deeply appreciative to John for his many insightful contributions during his term as Vice President, and for his continued support as a member of the SIAC Court.”

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

1. Mr Gary Born – Wilmer Cutler Pickering Hale and Dorr LLP, UK (President)
2. Mr Cavinder Bull, SC – Drew & Napier LLC, Singapore (Vice President)
3. Prof Lucy Reed – Centre for International Law, National University of Singapore, Singapore (Vice President)
4. Dr Michael Pryles AO PBM – Melbourne, Australia (Founder 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. Mr Harish Salve, SC – Blackstone Chambers, India
18. Mr John Savage QC – King & Spalding LLP, UK
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 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, 08 May 2018 09:51:49 +0800
Authors rate SIAC as Most Cost-Competitive and Efficient International Arbitral Institution http://siac.org.sg/69-siac-news/563-authors-rate-siac-as-most-cost-competitive-and-efficient-international-arbitral-institution http://siac.org.sg/69-siac-news/563-authors-rate-siac-as-most-cost-competitive-and-efficient-international-arbitral-institution

22 March 2018
Authors rate SIAC as Most Cost-Competitive and Efficient International Arbitral Institution

In a recent article by CMS Holborn Asia and the Society of International Law (Singapore), titled “Costs and Duration: A Comparison of the HKIAC, LCIA, SCC and SIAC Studies”, the authors concluded that “SIAC remains the most cost-competitive option for both sole-arbitrator and three-arbitrator cases” and that “for three-arbitrator cases in particular, SIAC remains significantly cheaper than LCIA and SCC where the costs extend to six-digit figures”. According to the article, SIAC arbitrations are “the most efficient in comparison to the other arbitral institutions”.

The authors said that they compared the latest figures released by HKIAC, LCIA, SCC and SIAC in their respective costs and duration studies. They presented the following conclusions:

"SIAC remains the most cost-competitive option for both sole-arbitrator and three-arbitrator cases. For three-arbitrator cases in particular, SIAC remains significantly cheaper than LCIA and SCC where the costs extend to six-digit figures.”

Table 1: Median Arbitration Costs for Sole and Three Arbitrator Cases
Arbitral Institution Median Arbitration
Costs for All Cases
Median Arbitration Costs
for Sole-Arbitrator Cases
Median Arbitration Costs
for Three-Arbitrator Cases
HKIAC USD 62,537 - -
LCIA USD 97,000 USD 60,000 USD 200,000
SCC - USD 36,037
(EUR 33,096)
USD 181,864
(EUR 167,021)
SIAC USD 29,567 USD 27,941 USD 80,230
 
“SIAC arbitrations are the most efficient in comparison to the other arbitral institutions. The median duration of an SIAC arbitration is the shortest at 11.7 months.”

Table 2: Mean and Median Duration
Arbitral Institution Mean Duration (months) Median Duration (months)
HKIAC 16.2 14.3
LCIA - 16
SCC 16.2 13.5
SIAC 13.8 11.7

The article added that “based on a comparison of the four studies, the costs and duration of arbitral proceedings are ostensibly most attractive when administered by SIAC”.

A copy of the article may be accessed here.

Further details on SIAC’s Costs and Duration Study may be found here.


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, 22 Mar 2018 19:11:47 +0800
SIAC Announces New Records for 2017 http://siac.org.sg/69-siac-news/560-siac-announces-new-records-for-2017 http://siac.org.sg/69-siac-news/560-siac-announces-new-records-for-2017

7 March 2018
SIAC Announces New Records for 2017

The Singapore International Arbitration Centre (SIAC) is pleased to announce the official release of its 2017 Annual Report.

2017 saw SIAC set a new record for the highest number of new case filings and administered cases. SIAC’s caseload continues to grow year on year, and has increased by more than 5 times in the last decade.

In 2017, SIAC received 452 new cases from parties in 58 countries in 6 continents. This was a 32% increase from the 343 cases filed in 2016 and a 67% increase from the 271 cases filed in 2015.

SIAC administered 93% or 421 of the cases filed in 2017. The aggregate sum in dispute for all new case filings amounted to USD4.07 billion (SGD5.44 billion).

Whilst India and China remained significant contributors to SIAC’s caseload, SIAC’s top ten foreign user rankings also saw new entrants from Europe and the Middle East, underscoring SIAC’s global appeal to users from diverse legal systems and cultures.

Further details of SIAC’s case numbers are available in the 2017 Annual Report.

Mr Gary Born, President of the Court of Arbitration of SIAC, said, “SIAC has seen significant increases in its caseload each year and more parties from a growing number of jurisdictions, which is a testament both to user confidence as well as SIAC’s international reach and standing as a premier global arbitral institution.”

Mr Davinder Singh, SC, Chairman of SIAC, commented, “SIAC is where it is today because of Singapore’s reputation for integrity and the rule of law, its status as a trusted and sophisticated hub and the Singapore Courts’ support for and active contribution to the development of the law and practice of international arbitration. I would like to thank the SIAC Court of Arbitration, the Board of Directors and the excellent management and staff of SIAC for their invaluable contributions and relentless pursuit of SIAC’s goals.”

Ms Lim Seok Hui, CEO of SIAC, said, “We are delighted to have recorded another milestone achievement. This will keep us firmly motivated to do better. My team and I would like to thank our partners and friends in the local and international legal and business communities for their continued faith in SIAC.”


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, 06 Mar 2018 14:32:43 +0800
SIAC Year in Review 2017 http://siac.org.sg/69-siac-news/554-siac-year-in-review-2017 http://siac.org.sg/69-siac-news/554-siac-year-in-review-2017
siac_logo_final_with_wordmark
SIAC Year in Review 2017

Happy New Year from all of us at SIAC and best wishes for a happy, healthy and successful 2018.

As we welcome the new year, we look back fondly at some of the highlights of 2017.

1 New SIAC Board and Court Members

1-Board_-2.-Chan-Leng-Sun-SC2-Board_3.-Chong-Yee-Leong3-Board_9.-Tham-Sai-Choy4-Court_4.-Catherine-Amirfar5-Court_6.-Nigel-Blackaby6-Court_7.-Prof-Lawrence-Boo7-Court_20.-Alan-Thambiayah


Left to Right: Mr Chan Leng Sun, SC, Mr Chong Yee Leong, Mr Tham Sai Choy, Ms Catherine Amirfar, Mr Nigel Blackaby, Professor Lawrence Boo, and Mr Alan Thambiayah

In April 2017, SIAC welcomed three new directors to SIAC’s Board of Directors 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, formerly the Chairman of KPMG in Asia Pacific. Mr Chan was appointed Deputy Chairman.

Four new members were also appointed to SIAC’s Court of Arbitration in April 2017, 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.

2 Proposal on Cross-Institution Consolidation Protocol

In December 2017, SIAC announced its proposal on cross-institution cooperation for the consolidation of international arbitral proceedings. The SIAC proposal, which was initiated by Mr Gary Born, the President of the SIAC Court of Arbitration, is detailed in letters from Mr Born to other international arbitral institutions together with an attached memorandum. The memorandum proposes the adoption of a protocol by arbitral institutions permitting the cross-institution consolidation of arbitral proceedings subject to different institutional arbitration rules.

Through institutional cooperation, the cross-institution consolidation proposal is designed to facilitate the efficient and enforceable resolution of international commercial disputes, which will lead to significant gains for parties.

3 Opening of SIAC’s Second Representative Office in GIFT City, India

In August 2017, SIAC announced the opening of its 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.

The opening of 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.

4 New Hires in the SIAC Secretariat

In the course of 2017, SIAC strengthened its Secretariat workforce with six new associate counsel hires who are qualified in India, Indonesia, Malaysia, and Singapore. Our new colleagues are Ms Allison Goh, Ms Lim Shi Jean, Ms Pauline Low, Mr Piyush Prasad, Mr Kendista Wantah and Ms Angela Yap. With the latest additions to the team, SIAC now has lawyers from these and the following other countries: Canada, China, and USA.

5 SIAC Academy

The inaugural SIAC Academy, titled “Time and Cost Savers at SIAC: Emergency Arbitration, Expedited Procedure and Early Dismissal”, was held in Singapore on 6 and 7 November 2017, to provide practical, “hands-on” training for arbitration practitioners and arbitrators.

Mr Gary Born, President of the SIAC Court of Arbitration, chaired the teaching faculty which included Mr Chan Leng Sun, SC, Deputy Chairman of SIAC, members of the SIAC Court of Arbitration (Mr Toby Landau QC, Professor Lawrence Boo, Mr Alan Thambiayah) and other international arbitration luminaries. Ms Indranee Rajah, SC, Senior Minister of State for the Ministry of Law and Ministry of Finance, made a special appearance in a frank, highly interesting and lively discussion with Mr Born on developments in international arbitration in Singapore and in the region. SIAC Court members, Professor Lucy Reed and Mr Toby Landau QC also spoke as panellists in an engaging lunchtime fireside chat.

The Academy attracted a good turnout from both Singapore as well as overseas delegates from Bulgaria, China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, the United Kingdom and Vietnam.

8-IMG_9486 9-IMG_9611
Left to Right: Mr Kent Phillips, Mr Richard Tan, Professor Lawrence Boo, Mr Thio Shen Yi, SC and Mr Andrew Yeo Left to Right: Mr Gary Born, Ms Lim Seok Hui, Ms Indranee Rajah, SC, Senior Minister of State, Ministry of Law and Ministry of Finance, and Mr Davinder Singh, SC

10-IMG_9616 11-DSC_0001
Left to Right: Mr Alastair Henderson, Dr Michael Hwang, SC, Mr Gary Born and Mr Andre Yeap, SC Left to Right: Mr Chou Sean Yu, Mr Elliott Geisinger, Mr Chan Leng Sun, SC, Mr Paul Sandosham and Mr Alan Thambiayah

6 SIAC-CIL Academic-Practitioner Colloquium

SIAC and the Centre for International Law, NUS (CIL), jointly organised the inaugural SIAC-CIL Academic-Practitioner Colloquium in November 2017. The format for the workshop involved two roundtable sessions, during which an academic presented her research paper on a current hot arbitration topic before a panel of eminent international arbitration experts who then engaged in an analytical discussion before an audience. The two academics were Ms Elsa Sardinha and Dr Ula Cartwright-Finch, and the event featured a stellar line-up of panellists, including SIAC Court President, Mr Gary Born, members of the SIAC Court of Arbitration (Mr Toby Landau QC, Professor Lucy Reed and Mr Alan Thambiayah) and SIAC Board member, Mr Chelva Rajah, SC.

12-DSC_5574_preview 13-DSC_5695_preview
Left to Right: Ms Elsa Sardinha, Professor Muthucumaraswamy Sornarajah, Professor Nicolas Jansen Calamita, Ms Koh Swee Yen and Mr Gary Born Left to Right: Dr Ula Cartwright-Finch, Mr Toby Landau QC, Mr Chelva Rajah, SC, Professor Lucy Reed and Mr Alan Thambiayah

7 SIAC Conferences and Seminars

In 2017, SIAC organised a series of conferences and seminars in New Delhi, St. Petersburg, Seoul, Tokyo, and Xiamen. Ms Indranee Rajah, SC, Senior Minister of State for the Ministry of Law and Ministry of Finance, Singapore, delivered the opening address at the SIAC Hard Talk in New Delhi, as well as the special address at the SIAC India Conference. The Hon’ble Mr Justice Dipak Misra, Chief Justice of India delivered the special address for the SIAC Hard Talk, which was attended by the Hon’ble Mr Justice A K Sikri of the Supreme Court of India, Justice Gita Mittal, Acting Chief Justice of the High Court of Delhi and several other judges of the Delhi High Court.

SIAC also partnered with other institutions to hold joint seminars and events in Shanghai with the Shanghai International Arbitration Centre (SHIAC), in Seoul with the Korea In-House Counsel Association (KICA) and Korean Commercial Arbitration Board (KCAB), and in Singapore with the Chartered Institute of Arbitrators, Singapore branch.

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

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Ms Indranee Rajah, SC, Senior Minister of State, Ministry of Law and Ministry of Finance, delivering the Special Address at the SIAC India Conference in New Delhi Left to Right (foreground): Hon’ble Mr Justice Dipak Misra, Chief Justice of India, Hon’ble Mr Justice A K Sikri and Mr Rajiv K. Luthra at the SIAC Hard Talk in New Delhi

8 New YSIAC Committee

In January 2017, the YSIAC Committee, led by co-chairs Mr Ankit Goyal and Ms Koh Swee Yen, welcomed new committee members, Ms Jeong Hye Ahn, Ms Holly Blackwell, Mr Rishab Gupta, Mr Moazzam Khan, Mr Nicholas Lingard and Ms Julie Raneda.

9 YSIAC Conference 2017 and other YSIAC Events

The biennial YSIAC Conference titled “Evolution and Innovation: Keeping Pace with the Future of Arbitration” was held in Singapore on 9 June 2017. The conference attracted almost 200 delegates from 12 jurisdictions, with delegates from places as far away as Sint Maarten, the United Kingdom and the United States.

In conjunction with the YSIAC Conference, SIAC also organised the third YSIAC Essay competition, which received a record 73 entries from 25 jurisdictions. The winner was Mr Gabriel Li of Drew & Napier LLC. The 1st Runner Up was Ms Amy Seow of Rajah & Tann Singapore LLP and the 2nd Runner up was Mr Parul Kumar of Luthra & Luthra Law Offices.

Other YSIAC events held in 2017 included the YPG KLRCA-YSIAC Advocacy Workshop in Kuala Lumpur, YSIAC Lunchtime Events in Singapore, YSIAC Oral Advocacy Workshop in New Delhi, and the YSIAC-KOCIA YAPF Fireside Chat in Seoul.

16-1 17-1
Left to Right: Mr Davinder Singh, SC, Ms Koh Swee Yen, Ms Lim Seok Hui, Mr Gary Born and Mr Duncan Matthews QC at the YSIAC Conference Left to Right: Mr Emmanuel Gaillard, Mr Toby Landau QC, Ms Foo Yuet Min, Ms Lim Seok Hui, Mr Darius J. Khambata, SC and Mr Jern-Fei Ng at the YSIAC Conference

18-1 19-1
Delegates during the Cocktail Evening after the YSIAC Conference Left to Right: Mr Bhaskar Chandran, Mr Cameron Ford, Mr Chelva Rajah, SC, Ms Geraldine Lim and Ms Valerie Tan at the YSIAC Conference

10 Cooperation Agreement with Arbitrator Intelligence

In June 2017, SIAC entered into a Cooperation Agreement with Arbitrator Intelligence (AI), an entity affiliated with Penn State Law, to promote the use of the Arbitrator Intelligence Questionnaire (AIQ). 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 data will be anonymised and be published only with the arbitrator’s consent. They will appear in reports which will be made available to subscribers.



We would like to express our heartfelt thanks and appreciation to members of the SIAC Board, Court and the YSIAC Committee as well as all of our partners and friends in the local and international legal and business communities for their many contributions and consistent support.


With best regards,
The SIAC Team
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Fri, 05 Jan 2018 10:43:58 +0800
Proposal on Cross-Institution Consolidation Protocol http://siac.org.sg/69-siac-news/551-proposal-on-cross-institution-consolidation-protocol http://siac.org.sg/69-siac-news/551-proposal-on-cross-institution-consolidation-protocol

19 December 2017
Proposal on Cross-Institution Consolidation Protocol

The Singapore International Arbitration Centre (SIAC) is pleased to announce its proposal on cross-institution cooperation for the consolidation of international arbitral proceedings. The SIAC proposal, which was initiated by Mr Gary Born, the President of the SIAC Court of Arbitration, is detailed in letters from Mr Born to other international arbitral institutions together with an attached memorandum. The memorandum proposes the adoption of a protocol by arbitral institutions permitting the cross-institution consolidation of arbitral proceedings subject to different institutional arbitration rules.

Through institutional cooperation, the cross-institution consolidation proposal is designed to facilitate the efficient and enforceable resolution of international commercial disputes, which will lead to significant gains for parties. Mr Born commented, “We welcome cooperation with other leading arbitral institutions around the world in further enhancing the efficiency and efficacy of the arbitral process. The cross-institution consolidation protocol is an important step in this direction and we look forward to working with our colleagues at other institutions in implementing the proposal.”

Rules on consolidation, joinder and intervention in international arbitration play an important role in the international arbitral process. By allowing related issues to be resolved in a single proceeding, consolidation permits more efficient and cost-effective dispute resolution, whilst minimising the risk of inconsistent decisions in related disputes.

These benefits have led a number of arbitral institutions to adopt provisions in their institutional rules that allow the consolidation of related disputes and/or the joinder of additional parties. The 2016 SIAC Arbitration Rules contain a state-of-the art set of provisions for consolidation, as do the rules of other leading arbitral institutions, including the International Chamber of Commerce Court of Arbitration (ICC).

Importantly, however, the consolidation provisions of existing institutional rules of leading arbitral institutions do not permit the consolidation of arbitrations that are subject to different sets of institutional arbitration rules (for example, SIAC and ICC arbitrations), even if they satisfy the other criteria for consolidation. Instead, existing institutional rules provide for the consolidation of arbitral proceedings only where the parties’ various arbitration agreements are compatible, including by incorporating the same institutional arbitration rules. Thus, a SIAC arbitration can be consolidated with another SIAC arbitration, but not with an ICC arbitration; likewise, an ICC arbitration can be consolidated with another ICC arbitration, but an ICC arbitration cannot be consolidated with a SIAC arbitration.

The lack of any existing mechanism for “cross-institution” consolidation of arbitrations subject to different institutional arbitration rules substantially limits the types of disputes that can be consolidated. In turn, this prevents related disputes, which otherwise meet the criteria for consolidation, from being heard together and thus limits the ability of arbitration to reach its full potential as a dispute resolution mechanism to serve the needs of users.

SIAC has sought to address this shortcoming in the existing treatment of consolidation by arbitral institutions through enhanced institutional cooperation. In particular, the efficiency and efficacy of the international arbitral process would be materially improved by the adoption of a consolidation protocol by leading arbitral institutions, providing for the cross-institution consolidation of arbitrations, where such proceedings otherwise satisfy the criteria for consolidation.

Mr Born and SIAC have therefore proposed a cross-institution consolidation protocol, which leading arbitral institutions could adopt and incorporate into their institutional arbitration rules and utilise for administering consolidated arbitrations:

a. The consolidation protocol would set out a new, standalone mechanism for addressing the timing of consolidation applications, the appropriate decision-maker (i.e. the institution(s) or the tribunal) and the applicable criteria to determine when arbitral proceedings are sufficiently related to warrant cross-institution consolidation. A joint committee appointed from members of the Courts or Boards of the concerned arbitral institutions would be mandated to decide the applications, with a specific committee being appointed for each application.

b. Once consolidated, the proceedings should be administered only by one institution applying its own arbitration rules. The institutions can agree on objective criteria to determine which institution should administer the consolidated dispute, such as the number of disputes subject to the different rules or the time of commencement of the first proceeding.

The arbitral institutions’ rules would be amended to incorporate the consolidation protocol. By adopting the institutional rules in their arbitration agreements, parties would in turn give the protocol the same contractual force as other provisions of the institutional rules. The consolidation protocol would not change the current requirement that the arbitration agreements designate the same seat.

The consolidation of arbitral proceedings offers important benefits to parties that help reduce the complexity, cost and time of proceedings. The cross-institution consolidation of arbitrations under different institutional rules takes these benefits further, making arbitration an even more effective system of dispute resolution.

Mr Davinder Singh, SC, Chairman of SIAC, observed that “SIAC is indebted to Mr Born for his continuing efforts to enhance SIAC’s role in thought leadership. Arbitral institutions play an increasingly important role in progressing international arbitration and SIAC is confident that this proposal offers arbitral institutions the opportunity to engage once again in thought-leadership.”

Ms Lim Seok Hui, CEO of SIAC, commented, “This proposal represents an opportunity for arbitral institutions to cooperate in the joint development of a framework for complex arbitrations, and materially enhance the international arbitral process.”

The memorandum that discusses SIAC’s proposal for cross-institution consolidation can be accessed here, and comments on the proposal can be sent to consolidationconsult@siac.org.sg by 31 January 2018.

SIAC looks forward to receiving comments from, and working together with, users and other arbitral institutions to further explore and implement the proposal for cross-institution consolidation.


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 Mon, 18 Dec 2017 19:14:00 +0800
SIAC-KCAB Seminar on Multiple Proceedings in Multiple Fora - Strategies and Synergies http://siac.org.sg/69-siac-news/553-siac-kcab-seminar-on-multiple-proceedings-in-multiple-fora-strategies-and-synergies http://siac.org.sg/69-siac-news/553-siac-kcab-seminar-on-multiple-proceedings-in-multiple-fora-strategies-and-synergies

9 November 2017
SIAC-KCAB Seminar on Multiple Proceedings in Multiple Fora - Strategies and Synergies


By Richard Jung Yeun Won, Foreign Attorney, Shin & Kim

The SIAC-KCAB joint seminar, “Multiple Proceedings in Multiple Fora – Strategies and Synergies”, covered everything one would expect and more from a seminar addressing a pertinent and timely topic in the ever-evolving world of international arbitration.

SIAC and KCAB jointly hosted the seminar at Seoul Global Center on 9 November 2017, as part of the week-long Seoul ADR Festival. Over 75 practitioners and in-house counsel attended the event, thanks to the all-star lineup of speakers and panellists who addressed joinder and consolidation provisions as a means to improve efficiency when dealing with multiple parties, contracts, and claims.

Ms Lim Seok Hui (CEO, SIAC and SIMC) welcomed the attendees by stressing the importance of time and cost considerations when developing strategies for cross-border projects and transactions. She also articulated a vision in which Singapore and Seoul would work in synchrony as arbitration hubs in the APAC region, as what the arbitration hubs of Paris and Geneva had done for Europe.

Professor Lucy Reed (Member, SIAC Court of Arbitration; Director, Centre for International Law (Singapore); Professor, Faculty of Law, National University of Singapore) delivered the Keynote Address by describing how national laws and arbitration rules were in conflict, and how each jurisdiction had the responsibility to respect the rules of other jurisdictions while fulfilling its own responsibilities and duties to the parties. While she stressed the importance of joinder and consolidation provisions as tools to overcome consent requirements when adding additional parties, she also wondered if, in practice, joinder and consolidation provisions actually improved efficiency of the arbitral proceedings and led to cost savings for the parties.

DSC03751 DSC03783
Members of the audience

Left to Right: Paul Sandosham, Professor Lucy Reed, Kap-You (Kevin) Kim, Dr Eun Young Park and Beomsu Kim

The first panel session included leading arbitrators and practitioners from across Asia, with each panellist wearing the hat of a different arbitral institution to discuss the different joinder and consolidation rules. Mr Kap-You (Kevin) Kim (Chair, International Arbitration Committee, KCAB; Head, International Arbitration & Litigation Practice Group, Bae, Kim & Lee LLC) was the moderator for the first panel session, which included panellists Mr Beomsu Kim (Managing Partner, KL Partners), Dr Eun Young Park (Member, SIAC Court of Arbitration; Partner, Kim & Chang), Professor Lucy Reed, and Mr Paul Sandosham (Partner, Clifford Chance).

Some notable points included:

• Professor Lucy Reed, representing the ICC in this role-play, noted that with respect to making final decisions regarding consolidation and joinder, the ICC court was the main actor when there was a dispute, and not the tribunal;

• Mr Paul Sandosham, representing SIAC, noted that applications for joinder and consolidation could be made to the SIAC court or the tribunal, essentially providing applicants two separate opportunities to join a party or consolidate claims, thereby making SIAC’s rules an attractive choice;

• Dr Eun Young Park, representing the LCIA, noted that the power to join or consolidate lay with the tribunal, but that the power to approve lay with the LCIA court; and

• Mr Beomsu Kim, representing the KCAB, noted how the simpler and more straightforward KCAB rules, which implemented a joinder provision in 2016, only allowed for parties to the current arbitration to apply for joinder and not third parties such as in other jurisdictions.

The afternoon’s second panel session included younger attorneys from a broad spectrum of international arbitration practices in Asia. Ms Sae Youn Kim (Partner, Yulchon LLC), in moderating the panel, likened the experienced panellists of the first session to “generals” and the panellists of the second session to “soldiers” who executed the generals’ commands. The afternoon’s “soldiers” included Ms Dana Kim (Of Counsel, Herbert Smith Freehills LLP), Mr Sam Kim (Foreign Attorney, Yoon & Yang LLC), Ms Hyunyang Koo (Associate, Lee & Ko), Ms Seungmin Lee (Partner, Shin & Kim), and Mr Matthew Secomb (Partner, White & Case LLP).

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Left to Right: Matthew Secomb, Seungmin Lee,
Hyunyang Koo, Sae Youn Kim, Sam Kim and Dana Kim

Closing Remarks delivered by Kap-You (Kevin) Kim

The panellists of the second session shared their experiences in working with complicated arbitration cases, and the lessons that they had learned along the way. Mr Matthew Secomb described how some parties had used joinder and consolidation as tools for tactical advantages, and labelled parties who wanted to keep things simple as “angels”, and parties who sought to complicate matters as “devils”.

Mr Kap-You (Kevin) Kim brought the afternoon to a close, noting that with the number of multiparty international disputes growing in Korea, the timing of the seminar could not have been more opportune.
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Thu, 21 Dec 2017 10:46:59 +0800
YSIAC-KOCIA YAPF Seoul Fireside Chat with Professor Lucy Reed http://siac.org.sg/69-siac-news/552-ysiac-kocia-yapf-seoul-fireside-chat-with-professor-lucy-reed http://siac.org.sg/69-siac-news/552-ysiac-kocia-yapf-seoul-fireside-chat-with-professor-lucy-reed

8 November 2017
YSIAC-KOCIA YAPF Seoul Fireside Chat with Professor Lucy Reed


By Curie Lee, Yulchon LLC

On 8 November 2017, YSIAC and KOCIA YAPF hosted the “Fireside Chat with Professor Lucy Reed” at Yulchon LLC, attracting a vibrant crowd of over 55 attendees from a variety of professional and legal backgrounds. Among the attendees were in-house counsel, practising lawyers and academics.

The event opened with a Welcome Address by Ms Lim Seok Hui (CEO, SIAC and SIMC), who outlined the recent developments in international dispute resolution around the globe. Ms Lim’s address was followed by the highlight of the event, the Fireside Chat with Professor Reed. The chat was moderated by Ms Jeong Hye Ahn (Member, YSIAC Committee; Partner, Yulchon LLC) and Mr Jern-Fei Ng (Member, YSIAC Committee; Barrister, Essex Court Chambers).

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Left to Right: Professor Lucy Reed, Jeong Hye Ahn and Jern-Fei Ng

Left to Right: Sae Youn Kim, Professor Lucy Reed,
Lim Seok Hui, Jeong Hye Ahn, Jern-Fei Ng and
Seah Lee

The Chat provided a forum for discussing hot topics such as challenges and opportunities arising from recent developments in international commercial and investor-state arbitration, gender diversity in international arbitration, and other burning questions that the participants wished to pose to Professor Reed. Of particular interest to the attendees was the future of mediation and arbitration in Seoul. Professor Reed provided insight on how Seoul could develop into an arbitration hub and the ways in which Korea could establish mediation as one of the primary mechanisms of dispute resolution.

The event ended with Closing Remarks by Ms Sae Youn Kim (Partner, Yulchon LLC), who shared her personal observations and insights into what it meant to be a practitioner in the field of international arbitration. Emphasising the vast diversity of issues that may arise in international arbitration, Ms. Kim talked about the intellectually challenging yet highly rewarding nature of her work. The pursuit of knowledge is never-ending for a practitioner of international arbitration.
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Thu, 21 Dec 2017 10:44:20 +0800
SIAC-CIL Academic-Practitioner Colloquium http://siac.org.sg/69-siac-news/556-siac-cil-academic-practitioner-colloquium http://siac.org.sg/69-siac-news/556-siac-cil-academic-practitioner-colloquium

7 November 2017
SIAC-CIL Academic-Practitioner Colloquium


By Daniel Ow, Associate, WongPartnership LLP

The inaugural SIAC-CIL Academic-Practitioner Colloquium on 7 November 2017 was significant as it marked an important development in the Singapore arbitration arena. Essentially, the event provided academics with a platform to showcase their current research work in the field of international arbitration, and to test their ideas on a panel of arbitration practitioners and fellow academics. In turn, the event provided practitioners with an opportunity to interact with academics researching on issues that might have relevance to their areas of practice. The event was well attended, and attracted an audience of 100 attendees, comprising corporate counsel, practising lawyers and academics.

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Left to Right: Professor Lucy Reed, Toby Landau QC
and Lim Seok Hui

Opening Address delivered by Toby Landau QC

Mr Toby Landau QC (Member, SIAC Court of Arbitration; Barrister and Arbitrator, Essex Court Chambers) kicked off the event with opening remarks explaining the format and purpose of the seminar. This was then followed by the paper presentations by the two academics and panel discussions.

The two researchers who presented at the inaugural event provided an insightful discussion on the integration of a two-tier court system into new trade agreements, and also shed light on how a witness’ memory might be distorted and the impact of this on witness testimony in international arbitration. The panel sessions comprising seasoned arbitration practitioners also provided participants with candid, and at times, critical insight into the realities of international arbitration practice.

Paper Presentation 1: The New EU-Led Approach to Investor-State Arbitration: The Investment Tribunal System in the Comprehensive Economic Trade Agreement (CETA) and the EU-Vietnam Free Trade Agreement

Ms Elsa Sardinha (Research Associate & Practice Fellow to Chris Thomas QC, Investment Law & Policy Group, Centre for International Law (Singapore); National University of Singapore) presented the first paper. The first panel session was moderated by Professor Nicolas Jansen Calamita (Head, Investment Treaty Law & Policy, Principal Research Fellow; Research Associate Professor, Centre for International Law (Singapore); National University of Singapore), and comprised Mr Gary Born (President, SIAC Court of Arbitration; Chair, International Arbitration Practice Group, Wilmer Cutler Pickering Hale and Dorr LLP), Ms Koh Swee Yen (Co-Chair, YSIAC Committee; Partner, WongPartnership LLP) and Professor Muthucumaraswamy Sornarajah (C J Koh Professor, Faculty of Law, National University of Singapore).

Since 2004, treaties have become more complex and more precisely drafted to provide a richer context for interpretation. Two new treaties that were recently introduced – the Canada-EU Comprehensive Economic Trade Agreement (CETA) and the EU-Vietnam Free Trade Agreement (EU-Vietnam FTA) – were reflective of this shift in treaty-drafting practice. Both treaties established a two-tier investment tribunal system (ITS), where a permanent appellate tribunal has the power to review tribunal decisions. The ITS provides for a spectrum of possible challenges to arbitral awards by incorporating the grounds for annulment in Article 52 of the ICSID Arbitration Rules into both treaties, together with the power to review for errors of law and fact. Further, the CETA has a 24-month deadline for the final award to be rendered whereas the EU-Vietnam FTA has an 18-month deadline for the final award to be rendered.

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Elsa Sardinha

Left to Right: Elsa Sardinha, Professor Muthucumaraswamy Sornarajah, Professor Nicolas Jansen Calamita, Koh Swee Yen and Gary Born

Elsa analysed the ITS under these two treaties, and argued that the treaties contained some potentially problematic features, such as the removal of the involvement of disputing parties in the selection of the tribunal members and the extremely tight deadlines to render final awards. In particular, considering the number of rounds of pleadings and the time that the tribunal would require to digest submissions in order to reach its decision, she suggested that the short deadline was unrealistic.

While the creation of the ITS aimed to solve the problem of the lack of independence and impartiality of some arbitrators, the panellists questioned whether this problem was in reality so prevalent in practice that it warranted such a drastic change. The panellists also pointed out other problems with the ITS, such as the limited term of tribunal members and the potential effect of the lack of tenure on tribunal members’ decision-making, and the disadvantages which might be faced by States with less bargaining power. Whilst there may be some potential benefits of implementing such a tribunal system, the panellists did acknowledge that such a radical change should be cautiously proceeded with.

Paper Presentation 2: Human Memory and Witness Evidence in International Arbitration

Dr Ula Cartwright-Finch (Managing Associate, Linklaters LLP, London) presented the second paper on “Human Memory and Witness Evidence in International Arbitration”. The second panel session was moderated by Mr Chelva Rajah, SC (Member, SIAC Board of Directors; Managing Partner, Tan Rajah & Cheah), and comprised Mr Toby Landau QC, Professor Lucy Reed (Member, SIAC Court of Arbitration; Director, Centre for International Law (Singapore); Professor, Faculty of Law, National University of Singapore) and Mr Alan Thambiayah (Member, SIAC Court of Arbitration; Professional Arbitrator, The Arbitration Chambers).

The accuracy of a witness’ memory is crucial to the various stages of an international arbitration, from the initial investigation, to the focused investigation, the preparation of witness statement and the hearing.

However, the ability of witnesses accurately to recollect events from the past and provide reliable testimony has always been a controversial issue in international arbitration. Drawing on research in psychology and neuroscience, Ula suggested that the human memory undergoes a continuous reconstructive process that is susceptible to distortion.

In her presentation, Ula discussed 3 instances in which a witness’ memory might be distorted and how these effects might arise in the context of witness testimony in international arbitration.

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Ula Cartwright-Finch

Left to Right: Ula Cartwright-Finch, Toby Landau QC, Chelva Rajah, SC, Professor Lucy Reed and Alan Thambiayah

Firstly, the misinformation effect, whereby a witness’ recollection of episodic memories could become less accurate due to post-event information such as the way that a question was posed during the cross-examination. In a 1975 research by Loftus & Zanni, after a video was shown to participants, they were split into two focus groups. The first group was asked whether they had seen a broken headlight, whereas the second group was asked whether they had seen the broken headlight. It was shown that participants in the second group were more likely to report having seen a broken headlight.

Secondly, a witness might be susceptible to false memories, whereby his or her recollection of events might be affected by his or her personal belief or opinion. This was exemplified by the “lost in the mall” scenario, whereby confabulations about events that never took place – such as having been lost in a shopping mall as a child – could be created through suggestions made to participants.

Lastly, a witness’ memory might be conformed and compromised when another person’s recollection of a memory influences his or her recollection of the same experience.

Distortions of witness’ memories may have severe consequences by impacting the witness’ testimonies and consequently the findings of fact in an award. Therefore, in her paper, Ula proposed some practical strategies to mitigate the potential impact of these effects on memory, such as carrying out timely witness interviews and taking special precautions in framing the questions during the interviews.

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Members of the audience

Members of the audience during networking drinks

The panellists noted that the problems with witness recollection would extend to the cross-examination and re-examination stages of the arbitration as well. The panellists also observed that the research conducted on witness recollection have thus far been carried out in relatively controlled scenarios, and hence might not accurately reflect or be directly applicable to international arbitration processes. There was nonetheless consensus in the room that these witness recollection issues highlighted the importance of arbitration tribunals in the assessment of witness testimonies.
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Thu, 11 Jan 2018 14:15:55 +0800
SIAC Academy http://siac.org.sg/69-siac-news/565-siac-academy-2017 http://siac.org.sg/69-siac-news/565-siac-academy-2017

6 - 7 November 2017
SIAC Academy


The inaugural SIAC Academy, titled “Time and Cost Savers at SIAC: Emergency Arbitration, Expedited Procedure and Early Dismissal”, was held in Singapore on 6 and 7 November 2017, to provide practical, “hands-on” training for arbitration practitioners and arbitrators.

Mr Gary Born, President of the SIAC Court of Arbitration, chaired the teaching faculty which included Mr Chan Leng Sun, SC, Deputy Chairman of SIAC, members of the SIAC Court of Arbitration (Mr Toby Landau QC, Professor Lawrence Boo, Mr Alan Thambiayah) and other international arbitration luminaries. Ms Indranee Rajah, SC, Senior Minister of State for the Ministry of Law and Ministry of Finance, made a special appearance in a frank, highly interesting and lively discussion with Mr Born on developments in international arbitration in Singapore and in the region. SIAC Court members, Professor Lucy Reed and Mr Toby Landau QC also spoke as panellists in an engaging lunchtime fireside chat.

The Academy attracted a good turnout from both Singapore as well as overseas delegates from Bulgaria, China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, the United Kingdom and Vietnam.

The various reports on the SIAC Academy can be assessed here.

Backed by popular demand, the SIAC Academy 2018 will be held in Seoul (15 to 16 June 2018), Tokyo (7 to 8 September 2018) and Mumbai (6 to 7 October 2018). Please mark your calendars.
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Wed, 28 Mar 2018 11:03:54 +0800
YSIAC Oral Advocacy Workshop 2017 http://siac.org.sg/69-siac-news/555-ysiac-oral-advocacy-workshop-2017 http://siac.org.sg/69-siac-news/555-ysiac-oral-advocacy-workshop-2017

13 October 2017
YSIAC Oral Advocacy Workshop 2017


By Vibhor Jain, Associate, Luthra & Luthra Law Offices

On the evening of Friday, 13 October 2017, a room full of arbitration luminaries and enthusiasts engaged in an open dialogue on the “art” of oral advocacy and conducted a mock application for emergency interim relief.

The Emergency Arbitrators for the mock scenario comprised Mr Gary Born (President, SIAC Court of Arbitration; Chair, International Arbitration Practice Group, Wilmer Cutler Pickering Hale and Dorr LLP), Mr Toby Landau QC (Member, SIAC Court of Arbitration; Barrister and Arbitrator, Essex Court Chambers), Mr Ciccu Mukhopadhaya, SC (Supreme Court of India), and Mr Harish Salve, SC (Member, SIAC Court of Arbitration; Blackstone Chambers).

Mr Kevin Nash (Deputy Registrar & Centre Director, SIAC) kicked off the workshop charting how SIAC had become a major player among international arbitral institutions, and one of the preferred arbitral institutions amongst Indian parties. This was followed by a brief introduction to the mock case scenario by Mr Rishab Gupta (Member, YSIAC Committee; Partner, Shardul Amarchand Mangaldas & Co). Thereafter, the ball started rolling and the Preliminary Objections Session began.

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Left to Right: Gary Born, Toby Landau QC and Ciccu Mukhopadhaya, SC

Members of the audience

The first three sets of counsel dealt with three jurisdictional objections raised in the mock case scenario: (i) whether, by the reference to “Singapore Chamber of Commerce”, a non-existent entity, the parties had intended to choose SIAC as the administering institution for arbitration; (ii) whether mediation talks between the parties were a pre-condition to arbitration and had been satisfied; and (iii) who were the proper parties to the arbitration.

On the first jurisdictional objection, counsel for the Claimant, Mr Sonal Kumar Singh (Partner, M/s A. K. Singh & Co.), stressed how certain arbitral institutions had become synonymous with geographical areas, and that the reference to “Singapore” must signify SIAC. On this point, Mr Landau QC was quick to point out that by the same token, the words “Chamber of Commerce” could signify the parties’ intent to choose the ICC. Counsel for the Respondent, Mr Moazzam Khan (Member, YSIAC Committee; Co-Head, International Disputes Practice, Nishith Desai Associates), argued that it was not possible to infer from the clause any intention as to “which institution” and “where”, and was only possible to infer that there was an intention to arbitrate.

On the second jurisdictional objection, Mr Prateek Bagaria (Partner, Singularity Legal), argued that the arbitration clause would only “mature” upon the activation of the temporal jurisdiction of the tribunal after the stipulated time period for mediation talks had expired. This led Mr Born to wonder aloud, “Are arbitration clauses teenagers that they would ‘mature’?”, which led to much laughter from the audience, including Mr Bagaria. Next, counsel for the Claimant, Mr Anirban Bhattacharya (Partner, Luthra & Luthra Law Offices) submitted that the agreement to mediate, being an agreement to agree, was not enforceable under the governing law, which in his submission was Indian law. Mr Landau QC inquired whether it was artificial to submit that the “agreement to mediate” was illegal, and separate it from the “agreement to arbitrate”, when both the arbitration and mediation clauses were subordinate clauses of the same clause in the agreement. Mr Bhattacharya responded that while both subordinate clauses were related, only the latter was an arbitration agreement, and hence, different laws would in his opinion apply to both.

On the third jurisdictional objection, submissions were made for the Respondent by Mr Lomesh Kiran Nidumuri (Partner, IndusLaw) and for the Claimant by Ms Sheila Ahuja (Of Counsel, Allen & Overy). The discussion between the counsel and the arbitrators revolved around exceptions to the rule of privity of contract, and how, given that the emergency arbitration mechanism was a provisional measure, the emergency arbitrator (EA) was only required to take a prima facie view on proper parties.

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Left to Right: Moazzam Khan, Prateek Bagaria and Lomesh Kiran Nidumuri Left to Right: Sonal Kumar Singh, Anirban Bhattacharya and Sheila Ahuja

After a short break, the Workshop proceeded to the fourth session, with counsel making submissions on the applicable test for interim relief. Ms Elodie Dulac (Partner, King & Spalding), who acted as counsel for the Claimant, submitted that the essential conditions were fulfilled: there being presence of risk, causation of irreparable harm, and a prima facie case on the merits. She also submitted that the test of urgency was also satisfied, namely “whether harm could happen before an award was passed on the merits”. However, Mr Born was of the view that such tests would make the threshold for the grant of interim relief too low. Acting for the Respondent, Mr Promod Nair (Founding Partner, Arista Chambers) submitted that the three jurisdictional objections submitted previously showed the absence of a prima facie case, and that the EA ought to pass an order that was “necessary”, not “appropriate”, thereby signifying a higher threshold for grant of interim relief.

The fifth session pertained to whether or not emergency interim relief should be granted by the EA. Mr P.V. Kapur, SC, argued for interim relief to be granted since there were risks involved as one of the Respondents did not own any known assets. Acting for the Respondent was Mr Landau QC (who had switched from being an EA to counsel), who submitted that there was no prima facie case on the merits, to which Mr Salve, SC, intervened and asked how the EA could possibly decide at the present stage that there was no prima facie case on the merits from the Claimant’s side. Mr Landau QC responded by saying the burden to prove the same, as well as the burden to prove that the Respondent was ill-intentioned and there was a risk involved if the relief was not granted, lay solely with the Claimant.

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Left to Right: P.V. Kapur, SC and Elodie Dulac Application for Emergency Relief Session

With that, the mock arbitration hearing concluded. In short, these five sessions were thoroughly enlightening. What followed was even more exciting: the feedback by the Tribunal, moderated by Mr Kabir Singh (Member, YSIAC Committee; Partner, Clifford Chance). Mr Born was extremely impressed by the performance of the various counsel under fire from what he admitted was “not an easy tribunal”. Mr Landau QC, with a good sense of humour, chimed in with a remark that given the time allotted and the complexity of the problem, “everyone was brilliant, except counsel for the Respondent in the last session (himself)”!

The panellists then discussed the challenges affecting the growth of arbitration globally. Mr Landau QC and Mr Salve, SC emphasised the need to “unlearn”, noting that there needed to be more attempts to make a departure from “litigation advocacy” towards “arbitral advocacy”.

Talking further about such a transition, especially for young professionals, Mr Mukhopadhaya, SC, and Mr Born said that young professionals should enter into the world of arbitration from the very beginning, but never leave courtroom lawyering behind.

“Litigation and arbitration have as many similarities as dissimilarities”, Mr Born added. Mr Salve, SC spoke about how to “read” a tribunal, by trying to sell it an idea and understand their thought process. Mr Landau QC emphasised that the audience was neither the opponent, nor the client, but the tribunal. Mr P.V. Kapur, SC, spoke about the need for more cross-examination experience for young professionals, with Mr Salve, SC, noting that no case should be too small and every opportunity should be seized by young professionals.

On language barriers in arbitrations, Live Note service providers and transcriptions were recommended as the expensive and cheap options respectively. The panellists were also asked to recount their “best as well as worst experience professionally” to much interest and laughter.

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Left to Right: Gary Born, Harish Salve, SC, Kabir Singh, Toby Landau QC, P.V. Kapur, SC and Ciccu Mukhopadhaya, SC

Toby Landau QC and Rajiv K. Luthra with members of the audience

In the Closing Remarks, Mr Nish Shetty (Partner, Clifford Chance) applauded SIAC for organising the workshop which offered invaluable insights into the practice of arbitration through the mock arbitration. He also mentioned that the growing practice of arbitration in India will lead to the emergence of an “arbitration bar” and that such events were contributing to the same. He expressed hope that arbitration would go from being an “extra-curricular” to a full-time career. He expressed gratitude to the counsel and members of the EA Tribunal for taking time from their busy schedules for what was, indeed, a unique night of learning.

(The YSIAC Oral Advocacy Workshop was well-received by the Indian legal and business community and attracted a total of 145 delegates, comprising practitioners, in-house counsel and academics.)
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Mon, 08 Jan 2018 20:21:45 +0800
SIAC Signs Memorandum of Understanding with the Institute of Modern Arbitration of the Russian Federation http://siac.org.sg/69-siac-news/546-siac-signs-memorandum-of-understanding-with-the-institute-of-modern-arbitration-of-the-russian-federation http://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 India Conference 2017 http://siac.org.sg/69-siac-news/550-siac-india-conference-2017 http://siac.org.sg/69-siac-news/550-siac-india-conference-2017

12 October 2017
SIAC India Conference 2017: Crystal Ball Gazing into the Future of International Arbitration in India


By Aditya Vikram and Karan Dev Chopra, Senior Associates, Luthra & Luthra Law Offices

The SIAC India Conference 2017 was well received by the Indian legal and business community with 190 delegates in attendance. The audience comprised eminent lawyers and other professionals from reputable organisations, who were enthusiastic to learn more about managing arbitrations in light of the changes to the arbitration regime in India.

The conference commenced with a welcome address by Ms Lim Seok Hui (CEO, SIAC), where the theme of the conference and the efficacies of the SIAC arbitration procedures were discussed against the backdrop of India’s move towards global standards of institutional arbitration, and the recent pro-arbitration judgments being delivered by India’s Courts.

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Special Address delivered by Ms Indranee Rajah, SC, Senior Minister of State, Ministry of Law and Ministry of Finance

Members of the audience

Ms Indranee Rajah, SC (Senior Minister of State, Ministry of Law and Ministry of Finance) delivered the special address and stressed that with the growth of cross-border transactions and cross-border disputes, there needed to be effective arbitral institutions to meet the demand for dispute resolution services. According to Ms Rajah, with the recent legislative amendments, the future of arbitration in India was bright, like a crisp summer day that the month of April promises.

The keynote address delivered by Mr Gary Born (President, SIAC Court of Arbitration; Chair, International Arbitration Practice Group, Wilmer Cutler Pickering Hale and Dorr LLP) was one of the highlights of the day. Mr Born shared his thoughts on the future of arbitration in India by first discussing the “enemies” of arbitration. Borrowing an analogy from the Game of Thrones, Mr Born stated that the enemy was just beyond the wall and cautioned that “winter is coming”. Mr Born stated that the enemies of arbitration were its harsh critics who constantly endeavored to critique the failings of the arbitral system, such as the bias of some arbitrators, and the lack of appellate review. Defending the arbitral system, Mr Born described the right to arbitrate as akin to a fundamental right. The only way forward was to “defeat” the enemy and turn the tables on them in order to protect the arbitral system, which has been the business community’s preferred way to resolve disputes. Referring to the increased powers of arbitral tribunals and the ever-growing caseloads at arbitral institutions, Mr Born was of the opinion that the future of arbitration is and had to be bright.

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Keynote Address delivered by Gary Born

Left to Right: Ms Indranee Rajah, SC, Senior Minister of State, Ministry of Law and Ministry of Finance
and Gary Born

The first panel discussion on “Successfully Managing SIAC Arbitrations Under the New Indian Regime” comprised Mr Gary Born, Ms Elodie Dulac (Partner, King & Spalding), Mr Manish Lamba (General Counsel, Bharti Realty Limited), Mr Ng Kim Beng (Partner, Rajah & Tann Singapore LLP), Mr S. Ravi Shankar (Senior Partner, Law Senate) and Mr Kabir Singh (Member, YSIAC Committee; Partner, Clifford Chance). The discussion was moderated by Mr Steven Lim (Partner, CMS) and some of the topics discussed were the strategies involved in effectively managing arbitrations, the importance of choosing the right arbitrator or arbitral tribunal under the new Indian legislative regime, the freshly minted SIAC Rules 2016 and the improved Emergency Arbitrator and Expedited Procedure provisions under those rules.

In the course of the discussions, Mr Lamba shed light on the important role of in-house counsel in the arbitral process before the commencement of arbitration, such as in drafting an arbitration clause, choosing the substantive law, and taking into account the nuances of different procedural laws. Mr Lamba also stressed that once a dispute has arisen, a cost-benefit analysis should be undertaken to mitigate risks before commencing arbitration proceedings. Mr Born stressed the need to fully comprehend the factual record of the case at hand and rule out any other alternate dispute resolution mechanisms before moving towards arbitration. Mr Singh discussed about what he coined as “a Human Tribunal” and stated that the right tribunal could make or break a case. Highlighting the inclusion of disclosure requirements for arbitrators in section 12(5) of the 2015 Indian Arbitration Amendment Act, Mr Singh explained that this was a positive development for arbitration in India.

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Panellists of Panel Session I

Left to Right: Gary Born, Elodie Dulac, Manish Lamba, Steven Lim, Ng Kim Beng, Kabir Singh and
S. Ravi Shankar

The discussions turned to focus on the SIAC Rules 2016 and it was pointed out by Mr Ng that party autonomy was given increased importance, and rightly so under the new rules. The usefulness and necessity of emergency arbitrator provisions, and the enforceability of emergency arbitrator awards under the New York Convention, were discussed. It was also highlighted that 70% of emergency arbitrator awards were complied with voluntarily by parties without the need for enforcement proceedings. The discussion also shed light on various positive legislative amendments that India had introduced to align itself with global standards of arbitration, but this begged the question as to whether the existing legislative amendments were sufficient or if further amendments were necessary to meet international best practices in arbitration.

The topic for the second panel discussion, “The Changed Face of Arbitration in India: Story so Far”, was a widely debated topic, especially amongst the legal fraternity in Southeast Asia. The eminent panel comprised Mr Bhaskar Chandran (Group President, Legal, GMR Group), Mr Tejas Karia (Partner, Shardul Amarchand Mangaldas & Co), Mr Toby Landau QC (Member, SIAC Court of Arbitration; Barrister and Arbitrator, Essex Court Chambers), Mr Lomesh Kiran Nidumuri (Partner, IndusLaw), Mr Prakash Pillai (Partner, Clyde & Co Clasis Singapore) and Mr Naresh Thacker (Partner, Economic Laws Practice), with the discussion being moderated by Mr Moazzam Khan (Member, YSIAC Committee; Co-Head, International Disputes Practice, Nishith Desai Associates). The panellists also discussed various aspects of the Indian Arbitration Amendment Act, especially the requirements of Section 29A, which requires that all Indian arbitrations must be completed within 1 year (or 18 months with parties’ agreement) of the constitution of the arbitral tribunal.

While appreciating and recognising the legislative intention behind Section 29A, the panellists unanimously shared the concern that the timeline to conclude an arbitration should not be rigidly imposed as a one-size-fits-all approach may not be a pragmatic approach, especially in respect of complex arbitrations. The panellists noted that the concept of “delay” had percolated into the dispute resolution culture in India, and were hopeful and confident for change over the next few years. The panellists were also of the view that courts in India should not infringe on party autonomy. The discussion also centered around the growth of arbitration infrastructure in India, and issues relating to transparency, lack of bias, rationality, streamlining of the commercial judicial courts and enforcement.

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Panellists of Session II

Left to Right: Bhaskar Chandran, Tejas Karia, Toby Landau QC, Moazzam Khan, Lomesh Kiran Nidumuri, Prakash Pillai and Naresh Thacker

The discussions came to a close with both the panellists and audience recognising that the 2015 Indian Arbitration Amendment Act reflected a positive change of mindset regarding arbitration in India, and was a step in the right direction for a better, brighter and prosperous era of arbitration in India.

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Left to Right: Gary Born, Toby Landau QC, Lalit Bhasin, Rajiv K. Luthra, Ms Indranee Rajah, SC, Senior Minister of State, Ministry of Law and Ministry of Finance,
Lim Seok Hui, Singapore’s High Commissioner to India Mr Lim Thuan Kuan, Kevin Nash, Pranav Mago and Naresh Thacker

Rajiv K. Luthra and members of the audience


Please click here to view the SIAC India Conference 2017.
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Thu, 21 Dec 2017 12:51:23 +0800
SIAC Hard Talk 2017 http://siac.org.sg/69-siac-news/549-siac-hard-talk-2017 http://siac.org.sg/69-siac-news/549-siac-hard-talk-2017

12 October 2017
SIAC Hard Talk 2017


By Abhishek Gupta, Associate, Luthra & Luthra Law Offices

The SIAC Hard Talk 2017 attracted approximately 170 attendees, comprising practising lawyers, in-house counsel and academics.

The event kicked off with a welcome address by Mr Rajiv K. Luthra (Member, SIAC Board of Directors; Founder and Managing Director, Luthra & Luthra Law Offices), who spoke on the need to improve the arbitration infrastructure in India, the pendency of cases in the Indian Courts and the resultant delay in the enforcement of contracts and arbitral awards.

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Welcome Address delivered by Rajiv K. Luthra

Opening Address delivered by Ms Indranee Rajah, SC, Senior Minister of State, Ministry of Law and Ministry of Finance

Ms Indranee Rajah, SC (Senior Minister of State, Ministry of Law and Ministry of Finance) delivered the opening address and commented on the growing contribution of Asian countries to the development of international dispute resolution and the concomitant opportunities. She observed that the increase in commercial activity across nations had led to an increase in cross-border disputes, in turn increasing the demand for cross-border arbitration, and eventually resulting in the rise in supply of arbitral services and international arbitral institutions to meet this demand. The dilemma of technological advancements was also expounded on by Ms Rajah. On one hand, artificial intelligence (AI) has resulted in increased efficiency in the conduct of arbitral proceedings, but on the other, it has also given rise to AI products such as, Lex Machina and Premonition Legal Analytics, which have the potential of reducing the need for lawyers in certain tasks. She concluded her speech by highlighting the accomplishments of SIAC in being the first Asian arbitral institution to introduce emergency arbitrator provisions and the release of the SIAC Investment Arbitration Rules.

The special address was delivered by Hon’ble Mr Justice Dipak Misra (Chief Justice of India), who firmly dispelled any fears of an approaching winter for arbitration. He gave due credit to the Indian Government in making India an ‘arbitration-friendly and attractive’ destination, exemplified by the latest 2015 Amendment to the Arbitration & Conciliation Act, 1996 (the Act). Justice Misra, inter alia, cited a few amendments from the Amendment Act of 2015, which were aimed at reducing the delay in adjudication of arbitral disputes, and ensuring affordable and cost-effective arbitration. These amendments include:

• Specified timelines of 1 year extendable by 6 months under Section 29A of the Act;
• Legislative bonus to the arbitrators for expeditious disposal of matters under Section 29A of the Act;
• Fast track procedure under Section 29B of the Act;
• Ensuring ethical conduct and morality of the Arbitrators through the Eligibility conditions under Schedule V and VII of the Act;
• No automatic stay on arbitral award under Section 36 read with Section 34 of the Act;
• Cap on the arbitrator’s fees; and
• Crystallisation of the amorphous concept of public policy.

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Arrival of Hon’ble Justice Dipak Misra, Chief Justice of India

Special Address delivered by Hon’ble Justice Dipak Misra, Chief Justice of India

The role of lawyers and practitioners in promoting and encouraging the amicable settlement of disputes under Section 30 of the Act was also highlighted by Justice Misra. He concluded the speech and set the ball rolling for the Hard Talk Session with his view that, “Arbitration can never get into winter; it is always in the midst of summer”.

The topic for the panel discussion centred on the statement made by Mr Gary Born (President, SIAC Court of Arbitration; Chair, International Arbitration Practice Group, Wilmer Cutler Pickering Hale and Dorr LLP), about the future of international arbitration, drawing inspiration from the TV Series “Game of Thrones”.

Ms Rohini Roy (Chief, International Legal Operations, Bharat Heavy Electricals Limited) conceded that winter was inevitable, but adequate preparation during the summers could make it cozy and comfortable. There would be no winter or summer or seasons if there were no disputes. Mr Christopher Lau, SC (Chartered Arbitrator, 3 Verulam Buildings) agreed with Mr Born’s statements while Mr Toby Landau QC (Member, SIAC Court of Arbitration; Barrister and Arbitrator, Essex Court Chambers) elucidated on the distinction between investor-state arbitration (ISA) and international commercial arbitration (ICA) and explained that there existed a thin line between the two, which must be recognised and appreciated. He further felt that ISA had gained a bad reputation of safeguarding the interests of multinational corporations over States, and that the controversies surrounding ISA have had a negative impact on ICA. Mr Vikram Nankani, SC (Bombay High Court) also commented that during the Transatlantic Trade and Investment Partnership (the Treaty), some stakeholders were not agreeable to have an arbitration clause in the Treaty. Ms Roy shared that some Public Sector Undertakings in India (NTPC Limited, for instance) have stopped including an arbitration clause in agreements and contracts, owing to growing mistrust of the arbitration regime, the rising costs of arbitration and the perceived diminishing utility of an arbitration. Whilst winter for international arbitration may indeed be near, when it comes, Mr Landau commented that this might cause the necessary improvements in the arbitral process to take place.

Mr Darius J. Khambata, SC (Member, SIAC Court of Arbitration) reflected on India’s increasing receptiveness towards arbitration and its recognition of the importance of upholding foreign awards. Recalling a remark from Lord Justice Thomas of England, who had once stated that common law would cease to develop because of arbitration, Mr Khambata shared that the same view was also echoed in India a few years ago, when it was felt that greater judicial interference in arbitral awards was needed to develop the common law in India. To rebuild trust in the arbitral system, Mr Khambata suggested that publication of arbitral awards might be the way to go. While it was ultimately a matter of parties’ discretion and the institutional rules governing arbitration, publication of awards would go a long way in reducing some of the concerns faced by parties, reinforce the trust in the arbitral proceedings, set precedents and improve judicial reasoning.

Mr Born concluded the discussion and highlighted that ICA is a public-private partnership between courts, the legislature and arbitrators, and the imminent winters could only be overcome by international cooperation of all stakeholders.

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Left to Right: Gary Born, Darius J. Khambata, SC,
Toby Landau QC, Vikram Nankani, SC,
Christopher Lau, SC and Rohini Roy

Left to Right: Gary Born and Darius J. Khambata, SC

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Members of the audience

Left to Right: Pranav Mago, Gary Born, Darius J. Khambata, SC, Toby Landau QC, Rohini Roy,
Vikram Nankani, SC and Christopher Lau, SC


Please click here to view the SIAC Hard Talk 2017.
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zulkifli.amin@gmail.com (Zulkifli Amin) Featured SIAC News Sat, 16 Dec 2017 12:12:17 +0800
SIAC Opens its Second Representative Office in India in GIFT http://siac.org.sg/69-siac-news/542-siac-opens-its-second-representative-office-in-india-in-gift http://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://siac.org.sg/69-siac-news/544-confidential-and-restricted-access-information-in-international-commercial-arbitration http://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://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://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://siac.org.sg/69-siac-news/541-siac-seminar-on-crystal-ball-gazing-into-the-future-of-international-arbitration http://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://siac.org.sg/69-siac-news/540-ysiac-conference-2017 http://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://siac.org.sg/69-siac-news/539-siac-ciarb-debate http://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://siac.org.sg/69-siac-news/535-siac-signs-cooperation-agreement-with-arbitrator-intelligence http://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://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://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://siac.org.sg/69-siac-news/538-siac-shiac-seminar-new-developments-in-arbitration-in-shanghai-and-singapore http://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://siac.org.sg/69-siac-news/534-siac-announces-appointment-of-new-board-and-court-members http://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://siac.org.sg/69-siac-news/532-the-seoul-siac-kica-seminar-on-doing-business-in-southeast-asia-pointers-perspectives-and-potential-pitfalls http://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://siac.org.sg/69-siac-news/514-siac-announces-all-time-record-numbers-for-2016 http://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://siac.org.sg/69-siac-news/517-siac-annual-appreciation-event-2017 http://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://siac.org.sg/69-siac-news/516-ysiac-lunchtime-event-the-advocate-and-the-arbitrator http://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://siac.org.sg/69-siac-news/515-ypg-klrca-ysiac-advocacy-workshop http://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.

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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://siac.org.sg/69-siac-news/510-siac-welcomes-new-ysiac-committee http://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://siac.org.sg/69-siac-news/508-the-siac-2016-year-in-review http://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.

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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://siac.org.sg/69-siac-news/505-siac-announces-official-release-of-the-siac-investment-arbitration-rules http://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://siac.org.sg/69-siac-news/501-siac-announces-appointment-of-new-chairman http://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://siac.org.sg/69-siac-news/502-siac-rules-2016-roadshow-users-guide http://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://siac.org.sg/69-siac-news/500-siac-raises-sgd125-000-for-the-community-justice-centre http://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
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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://siac.org.sg/69-siac-news/503-17th-sidrc-lecture-series-with-siac-guest-speaker-toby-landau-qc http://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://siac.org.sg/69-siac-news/499-siac-releases-costs-and-duration-study http://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://siac.org.sg/69-siac-news/493-siac-celebrates-25th-anniversary-with-siac-congress-week-2016 http://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://siac.org.sg/113-resources/press-releases/press-release-2016/492-siac-announces-the-official-release-of-the-siac-rules-2016 http://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://siac.org.sg/69-siac-news/489-ysiac-essay-competition-2016 http://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