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Chairman :  Richard Tan
Vice-Chairman :  Rajan Menon
Secretary :  Chou Sean Yu
Treasurer :  Ben Giaretta
E-newsletter Editor
Paul Sandosham
Upcoming Events

30 August 2012
CIArb (Singapore) and SIAC Jointly Present a Talk on: Managing Financial Disputes - Lessons from the Past and the Use of Effective Arbitration Strategies

Arbitrators Surgery Workshop: The Emergency Arbitrator - How Effective Is Such Relief? What Really Happens In The Emergency Room And Afterwards?

Developments In Arbitration Legislation And Practices In The Asian Region - Hongkong And Malaysia

Upcoming WORKSHOPS

Accelerated Route to Membership assessment workshop

Accelerated Route to Fellowship assessment workshop

Module 2 – Law of International Arbitration workshop

Introduction to International Arbitration workshop

Module 4 – International Arbitration Award Writing workshop



EDITOR'S MESSAGE

The month of June was an exciting one for the CIArb Singapore Branch. The highlight was the Grand High Tea Reception hosted by the Branch at Eden Hall, the official residence of the British High Commissioner to Singapore, on 10 June 2012. A total of 350 guests including fellows and members from CIArb branches around the world were in attendance to hear The Right Honourable Lord Saville of Newdigate PC QC share his thoughts on the English Arbitration Act 1996. Lord Saville was the primary draftsman of the Act, and is regarded as one of UK’s foremost experts in international arbitration. The Reception was held to coincide with the ICCA Singapore Congress which saw close to one thousand arbitration practitioners from around the world gather in Singapore to discuss the topic "International Arbitration – The Coming of a New Age."

In this issue of the newsletter, we showcase some of the key events of the month, including the Reception as well the Accelerated Route to Fellow (ARF) Course conducted in Singapore. 19 candidates from around the world including candidates from Australia, Bangladesh and Lebanon attended the ARF Course over 2 days at Maxwell Chambers. The candidates were treated to a guest lecture by Lord Saville on "Arbitration and the Courts".

During Lord Saville's visit to Singapore, Branch member Timothy Cooke took the opportunity to speak to him about his thoughts on international arbitration. Lord Saville's interview is featured in this issue. We also continue with our regular feature on the latest developments in international arbitration around the world.

Finally, the Branch extends its congratulations to Antony Crockett from Clifford Chance London, who won the Young Members Group (YMG) essay competition jointly organized by the Branch and Thirty-Nine Essex Street Chambers. His essay on the competition title "Arbitration - global, regional or just international?" is reproduced in this issue.

Paul Sandosham FCIArb
(Editor)



UPCOMING EVENTS

CIArb (Singapore) and SIAC Jointly Present a Talk on: Managing Financial Disputes - Lessons from the Past and the Use of Effective Arbitration Strategies
30 August 2012
Stamford Law Corporation


The financial crisis of 2008 led to the dramatic collapse of financial institutions and a spate of disputes, ranging from the calculation of amounts to be paid by parties under financial instruments to the very validity of the products themselves.

As the global economic outlook remains uncertain, and with storm clouds brewing over Europe, is the financial industry now better prepared for handling these sorts of problems and managing disputes?

This seminar will explore some of the practical legal and factual issues that arise in preparing these cases, with a focus on how to exploit the benefits of the arbitral process and what pitfalls to avoid:

  • Case study (Lehman Brothers): ISDA termination process and the problems of valuing complex derivatives
  • Case study (private banking): disputed transactions and making good losses suffered by customers
  • Courts or Arbitration? The efficacy of unilateral arbitration clauses
  • Tailoring the arbitral process (SIAC Rules; SIAC SGX-DT Rules; Prime Finance)
  • Key considerations: where to arbitrate, the choice of arbitrator, bespoke provisions in the arbitration agreement

CIArb is accredited by SILE for its Continuing Professional Development Scheme for CDP Year 2012. More information including details of the Attendance Policy, can be found at: www.silecpdcentre.org.sg
This talk has been accredited with 1.5 Public CDP Points by SILE.
For details and how to register, click here



NEWS AND UPDATES

CIArb Grand High Tea Reception at the 21st ICCA Congress
10 June 2012
Eden Hall


The Singapore Branch hosted a High Tea Reception at the stately Eden Hall in Singapore, the official residence of the British High Commissioner to Singapore, on Sunday 10th June 2012 prior to the opening of the 21st ICCA Congress.

The Reception was attended by about 350 arbitration practitioners and distinguished guests including ICCA participants and CIARB members from around the world. The Right Honourable Lord Saville gave a keynote speech on ‘The English Arbitration Act; 15 years on’. Lord Saville’s speech is reproduced here (read more).

The President of the CIArb, Mr. Jeffrey Elkinson, the Chairman of the Singapore branch, Mr. Richard Tan, and the British High Commissioner, His Excellency, Mr. Antony Phillipson, also gave welcome speeches. The three winners of the Essay Competition open to the Young Members group that was co-organized by the Singapore branch and 39 Essex Street Chambers were announced by Mr David Brynmor Thomas of 39 Essex Street Chambers.

Guests were treated to a splendid afternoon tea and each guest received a commemorative book of arbitration rules amongst other souvenirs. Thankfully the rain kept away and guests also made it to the Opening Ceremony of ICCA at the Marina Bay Sands convention centre in good time! We thank all those for attending and trust that a great time was had by all. Special thanks are extended to Lord Saville for his speech, the British High Commissioner, His Excellency, Mr. Antony Phillipson for allowing us the use of his magnificent residence for the afternoon and all the sponsors and supporters of the reception. Amongst those attending were the Director General, Mr Anthony Abrahams, the Director of Marketing and Membership, Ms Nicki Alvey, and chairmen and officers of various branches including, Mr Malcolm Holmes QC (Australasia Region), Mr John Wakefield (Australia), Ms Amanda Joan Lees (Australia), Mr Mohamed Abdel Wahab (Cairo), Mr David Fong (East Asia), Mr Man Sing Yeung (East Asia), Mr Paulo Fohlin (East Asia), Mr Mohamed Alem (Lebanon), Mr Ashok Ranai (Malaysia), Mr David Cheah (Malaysia), Mr Vinayak Pradhan (Malaysia), Mrs Olufunke Adekoya (Nigeria), Ms Bertha Cooper-Rousseau (The Bahamas), Mr Michael Tonkin (UAE) as well as past Presidents of the CIArb, Neil Kaplan QC, Colin Wall, Teresa Cheng.

Accelerated Route to Fellowship Workshop
7 – 8 June 2012
Maxwell Chambers


The Accelerated Route to Fellowship (International Arbitration) which entitles candidates a fast track route to Fellowship was conducted by the Singapore Branch at Maxwell Chambers on 7 and 8 June 2012. The 2-day assessment workshop was attended by 19 candidates from several countries including Singapore, Hong Kong, China, Australia, Bangladesh and Lebanon. Assessors for the Course were Fellows of CIArb both from Singapore and overseas, including Jeffrey Elkinson (current President of CIArb based in Bermuda) Neil Kaplan and Paul Fohlin (from Hong Kong) and Francis Xavier SC and Paul Sandosham (from Singapore). The candidates were treated to a special guest lecture by The Right Honourable Lord Saville who spoke on Arbitration & the Courts. Lord Saville’s lecture is reproduced here.

Interview with Lord Mark Saville of Newdigate PC QC by CIArb member
Mr Timothy Cooke

The English Arbitration Act 1996 is now part of the legal landscape. Lord Saville of Newdigate, one of its chief architects, gives Timothy Cooke his reflections on the Act and on the world of international arbitration.

Members' Evening and Talk on "Latest Developments in International Arbitration"
23 April 2012
NUSS Suntec City Guild House


The first members’ social evening this year took place on 23 April 2012 at Suntec City Guild House attended by some 50 members and guests. It was certainly a very pleasant evening which provided an excellent opportunity for members to network with each other as well as with guests and other members of the arbitration fraternity who attended the event. The evening also saw certificates being presented to members who had recently passed courses conducted by CIArb.

The evening started with a talk by Mr Francis Xavier, SC on “Latest Developments in International Arbitration”. Interesting and exciting developments in the international arbitration landscape as well as recent amendments to the International Arbitration Act were touched on and discussed during the talk.

After the talk, the evening continued with members and guests freely mingling and networking at the open terrace of the Guild House where finger food and free flow of drinks, beer and wine were served throughout the evening. There is no doubt that the members and guests had an enjoyable members' evening.

CIArb (Singapore) Presents a Talk by Richard Fernyhough QC – The Use of Experts in International Construction Arbitrations
2 February 2012
Maxwell Chambers

The Chartered Institute of Arbitrators (Singapore Branch) was privileged to have Mr. Richard Fernyhough QC, one of the top construction silks in UK to give a talk to its members on the use of experts in construction arbitrations. Over 60 delegates attended the event on 2 February 2012 at Maxwell Chambers, which was chaired by Mr. Richard Tan, Chairman of the CIArb Singapore Branch. Mr. Fernyhough QC shared his thoughts how to get the best out of experts in construction arbitrations. He discussed the use of programming experts in arbitrations involving delay claims in construction contracts. He noted that the opposing experts often spoke at cross-purposes. He was of the opinion that a Tribunal should direct opposing experts to consult each other and agree on a common programme, the methodology of delay analysis, the software and the critical path. The talk was followed by a very engaging Q&A session with delegates. Mr. Fernyhough QC’s paper is reproduced here.
Young Members Group (YMG) essay competition - Winning piece by Antony Crockett from Clifford Chance London
Arbitration - global, regional or just international?’ An Essay Concerning a Paradox


ANNOUNCEMENTS

Join our subcommittees and participate in the activities and be an active member
Members are kindly invited to apply to join the subcommittees of the Branch and actively participate in the work and activities of the Branch. The subcommittees include the Events, Publications, Website, Professional Development, Membership, Young Members Group and External Relations subcommittees. Interested members are invited to submit a short CV accompanied by a note explaining why they would like to join a particular subcommittee and send it to the Branch Chairman by email to secretariat@ciarb.org.sg.

Invitation for Contributions to Newsletter
The Branch invites contributions of case notes and reports on legal developments from Branch members for the next newsletter. Contributions should be sent to secretariat@ciarb.org.sg.



View
all past and upcoming Branch events.

View photographs of recent events.


Membership
For information on how to become a member Read here.

Contact Us
If you have any questions or comments about the content of this email, please contact:

Secretariat, CIArb (Singapore) Ltd Email: Secretariat@ciarb.org.sg
Website: www.ciarb.org.sg


CASE LAW AND RECENT DEVELOPMENTS IN INTERNATIONAL ARBITRATION

Indian Government declares China (including the Hong Kong SAR) as a territory to which the New York Convention applies
Current Trends in International Arbitration: A view from SIAC
White Industries Australia Limited V The Republic OF India
Uncitral Arbitration Award – 30 November 2011

The proper law of an arbitration agreement? Not always the proper law of the contract says the English Court of Appeal

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Copyright © 2012 Chartered Institute of Arbitrators (Singapore) Limited.
All material included in this newsletter is intended for information purposes only and does not represent legal advice. No reader should act or refrain from acting on the information contained in this newsletter without obtaining its own independent legal and/or professional advice. The CIArb Singapore Branch makes no representations or warranties whatsoever as to the accuracy of the information contained in this newsletter. The CIArb Singapore Branch shall in no circumstances be liable to any party for any inaccuracies in the contents of this newsletter. The views expressed in this newsletter do not necessarily reflect the views of the CIArb Singapore branch.