CIArb Singapore regularly holds talks, workshops and other events that enable members to keep abreast of changes in the legal environment, develop their knowledge and skills, network with industry peers and exchange ideas.

Upcoming Events

YMG Supper Club Events - September Supper Club (28 September 2017)

Date: 28 September 2017, Thursday
Location: TBC
Time: 6.30pm

About The Event
The Young Members Group is pleased to announce the next instalment in its series of YMG supper club events for CIArb members under 45. We will be joined at this exclusive supper by an honorary guest, and leading international arbitrator, Dr Michael Hwang SC. Places are limited and you are recommended to reply early to avoid disappointment.

About The Guest
Dr Michael Hwang currently practices as a Barrister and Arbitrator, with his main focus on international arbitration and mediation. Michael has over 40 years of experience in the legal arena. Since he was called to the Singapore Bar in 1968, when he joined Allen & Gledhill and helped to build it into Singapore’s largest law firm, Michael has gone on to have a distinguished and illustrious career which includes the appointment as Judicial Commissioner of the Supreme Court of Singapore in 1991, the appointment as one of the first 12 Senior Counsel of the Supreme Court of Singapore in 1997, election as a member of the American Law Institute, service as a Commissioner of the United Nations Compensation Commission (UNCC) based in Geneva, a body set up under the Security Council to assess claims against Iraq arising from the First Gulf War, between 2000 and 2003, as well as service as a Visiting Professor to the National University of Singapore teaching advocacy and commercial arbitration.

He has held office as: Vice President of the International Council for Commercial Arbitration (ICCA), Vice Chair of the International Bar Association’s (IBA) Arbitration Committee, Vice Chairman of the International Court of Arbitration of the International Chamber of Commerce (ICC), a Court member of the London Court of International Arbitration (LCIA), a Trustee of the Dubai International Arbitration Centre (DIAC), a Council Member of the International Council for Arbitration for Sport and a member of the Permanent Court of Arbitration (The Hague)

Chambers Global 2017 lists him as within Band 1 of “Most in Demand Arbitrators – Singapore” and describes him as ” “everyone’s favourite Singapore arbitrator” “, that he “stands out for his charismatic manner” and is “still as sharp and bright as a tack” in proceedings.

To register and for more information, please click here.

Talk by Iain Potter on “Accelerated Receipt, A ‘Risky’ Business” (4 October 2017)

Date: 4 October 2017, Wednesday
Location: Hogan Lovells Lee & Lee, 50 Collyer Quay #10‐01 OUE Bayfront, Singapore 049321
Time: 5pm-7pm

About The Talk
Many disputes involve claims for losses which have occurred, or are expected to occur, at a point in time far removed from the date on which the cause of action arose or on which the hearing takes place. It is widely accepted that in these cases an adjustment may be made to reflect the benefit that the claimant will receive through the accelerated receipt of their relief.

In practice, differing approaches are often taken to the calculation of these losses and disagreements between experts are common. This talk will include a recap of the fundamental and less contentious aspects of applying discounts for accelerated receipt and explore some of the disputed aspects, including:
• What discount rates other than WACC might be applied and why;
• A comparison of the ex ante and ex post approaches to loss quantification; and
• How issues arising in cases from Bwllfa to Bunge v Nidera can impact on the work of financial experts and affect the instructions they require from counsel.

To register and for more information, please click here.

International Arbitration Competition 2017 (13 October 2017)

Witness Conferencing in International Arbitration
The CIArb Singapore Branch is proud to announce the format for its 2017 competition, based around witness conferencing in international arbitration.

Witness conferencing has been described by the ICC Commission Report: Controlling Time and Costs in Arbitration as “a technique in which two or more fact or expert witnesses presented by one or more of the parties are questioned together on particular topics by the arbitral tribunal and possibly by counsel”. Witness conferencing, sometimes referred to as hot-tubbing, stems from inquisitorial processes in the civil law system and gained popularity particularly in Switzerland from the early 2000s. Hot-tubbing is frequently encountered when taking expert evidence and to a lesser extent evidence from witnesses of fact in arbitration proceedings.

Despite its popularity, there is surprisingly little formal guidance on witness conferencing in institutional rules or from other arbitral bodies or national legislation. It is not a defined method of taking evidence, save that it involves hearing and testing evidence from more than one witness at the same time. The process may be led by the tribunal, by the experts or by counsel, or by a mixture of some or all of these. Other issues that may need to be considered include whether experts will give presentations at the start of their evidence, whether counsel will be given an opportunity to cross examine the witnesses and, if so, at what stage of the process.

The Competition
The competition is focused around a fictional ad hoc arbitration. You are the chair of the tribunal. The evidentiary hearing is due to take place soon. At a pre-hearing conference call to discuss the issue of witness evidence, the members of the tribunal and the parties’ representatives have different views on and cannot agree how evidence should be taken.

As the presiding arbitrator, you have to rule on the procedure to be adopted. You will need to prepare a draft order for discussion with your co-arbitrators, and some notes so that you can explain your order and persuade your co-arbitrators to adopt it.

Full details of the competition can be found in the competition pack which can be downloaded by clicking here.

Talk by David C. Rule on “Computer Forensics” (24 October 2017)

Date: 24 October 2017, Tuesday
Location: TBC
Time: 5pm-7pm

About The Talk
Technology plays an essential part in almost all disputes in building a solid case and in complying with discovery rules. Getting it right the first time and understanding the ways in which information can be stored and retrieved is essential.

Looking for a specific entry or a single email can be daunting but critical. An entire business dispute or multimillion dollar claim/arbitration may hinge on the data – when it was generated, altered, deleted by whom and under what circumstances.

Today’s businesses generate vast amounts of data and information; the key to managing that data for a forensic investigation and extracting meaningful information is using the right experts at the right time.

Our suite of computer forensic services and experience in claims includes:
• Developing an electronic evidence plan
• Imaging media devices, from desktops, laptops, servers, tablets, hand-held devices to cloud storage
• Identifying and extracting relevant data through specific searches and other techniques
• Spy-ware detection and removal
• Technical assistance to prepare and execute electronic discovery requests for litigation support / trial preparation
• Developing an accurate and detailed report of findings and recommendations for use in arbitration
• Providing testimony and opinions as expert witnesses in arbitration proceedings

We develop evidence in civil and criminal cases and our recent investigations include:
• On-line stalking cases
• FCPA investigations with data review setup in China for US and HK law firms
• Internal investigation with SFC Hong Kong regulatory
• CFO scams
• Theft of intellectual property
• Inappropriate employee conduct
• Unauthorized file access
• Use of the Internet, E-mail or employer-owned computers or laptops for non-work-related activities.

In this talk we will discuss real world examples of recent cases we have worked on in the region and the best strategy to ensuring you are data ready for proceedings.

To register and for more information, please click here.

SCL(S) Construction Law 101 (8th Run!) (26, 31 October & 2, 7 November 2017)

Time: 6.45pm-9.30pm

About The Event
This course is designed for practitioners in the construction industry interested in the basic principles of construction law. It will review general rights and obligations of contractors and employers, as well as time, payment, SOP and dispute related issues in construction contracts. It is principally designed for non-lawyers in the construction industry but lawyers seeking an introduction to this area may also be interested. It will be taught in 4 evening classes over 3 weeks. A Certificate of Attendance from the SCL (Singapore) will be issued to all attendees who fully attend and successfully complete the Course.

To register and for more information, please click here.

SIAC Academy - “Time and Cost Savers at SIAC: Emergency Arbitration, Expedited Procedure and Early Dismissal’’ (6-7 November 2017)

Date: 6-7 November 2017, Monday-Tuesday
Location: Singapore
Time: 8am-6pm

About The Event
SIAC Academy is SIAC’s latest initiative to provide practical,’hands on’ training for arbitration practitioners and arbitrators. The teaching faculty will be chaired by Mr Gary Born, President of the SIAC Court of Arbitration,and will include SIAC Board and Court members, other leading international arbitration practitioners and arbitrators, as well as the SIAC Secretariat. Over the course of an intensive two-day programme, participants will test and refine their skills on Emergency Arbitration, Expedited Procedure and Early Dismissal.

Due to the interactive nature of the SIAC Academy, spaces will necessarily be limited.

To register and for more information, please click here.

 

Past Events – 2017

SCL(S) Construction Law Conference 2017 - Construction Law and Practice in Changing Times (14 September 2017)

Date: 14 September 2017, Thursday
Location: Legends Ballroom, Hotel Fort Canning, 11 Canning Walk Singapore 178881
Time: 9am-7pm

About The Conference
Construction Law is in an era of turbulence – impacted by changes in the construction industry, in the legal profession, and in the law itself.

This year’s SCL (Singapore) Annual Conference looked at developments that have already occurred and explored possible transformations that are still to come.

This Conference featured 4 main sessions:
• Deep Dive into Delay
• A Discussion on Current Issues with Defects
• Updates on Developments in Construction Law
• ‘Speaking of Change’: A Dialogue between Leading Practitioners

This Conference aims to bring together legal practitioners and construction industry stalwarts from around Asia to discuss the changing face of the construction industry.

YMG Roundtable Event (5 September 2017)

Date: 5 September 2017, Tuesday
Location: SMU School of Law Building, Seminar Room 2.05
Time: 7pm-8.30pm

On 5 September 2017, CIArb organised a Young Members Group (“YMG”) roundtable event at SMU School of Law on “How to Develop a Career in International Arbitration”.

The event panel was made up of international arbitration practitioners with diverse backgrounds in international arbitration. It comprised of Koh Swee Yen of WongPartnership LLP, Gitta Satryani of Herbert Smith Freehills, Kevin Nash of Singapore International Arbitration Centre, and chaired by Benson Lim of Hogan Lovells Lee & Lee.

It was a lively and candid panel discussion which was well-attended by mostly law students and junior legal practitioners. Participants could choose to submit their questions ahead of the roundtable event or raise them during the panel discussion.

The panel first spoke about the various possible ways to start a career in international arbitration. The panel explored the different roles available in arbitral institutions and private legal practice in various practice areas.

The discussion turned to how each choice nevertheless led to the same guiding principle of building sound foundational skills fundamental to international arbitration practice.
Further, the panel addressed the queries on the advantages of overseas stints and dual-language capabilities in international arbitration.

While most of the discussion related to junior lawyers aiming to start their arbitration careers, the panel also shared their views on how non-lawyer arbitrators can look to maximise their chances of landing the first arbitrator appointment.

Following the roundtable discussion, the participants enjoyed the opportunity of interacting closely with the panel members over a networking evening tea. A student participant commented that “[t]he panel discussion was engaging but I found the chance to chat with arbitration practitioners even more useful.”

CIArb is pleased to announce that a similar YMG roundtable event will be held at NUS Faculty of Law in January 2018.

For photos of the event, please [click here].

SCL(S) 9th Annual Dinner 2017 (30 August 2017)

Date: 30 August 2017, Wednesday
Location: VLV Singapore
Time: 7pm-9.30pm

About The Event
SCL(S) members (and their guests) and members of SCL’s reciprocal partners were warmly invited to the Society’s 9th Annual Dinner, 30 August 2017, Wednesday, 7.00pm-9.30pm at VLV Singapore.

YMG Supper Club Events - July Supper Club (20 July 2017)

Date: 20 July 2017, Thursday
Location: TBC (private dining)
Time: 6.30pm

About The Event
This exclusive supper was joined by an honorary guest, and leading international arbitrator, Mr Christopher Lau SC.

About The Guest
Christopher Lau is a Chartered Arbitrator and Senior Counsel of the Singapore Supreme Court. He has been in practice for over 30 years having been called to the Bar of England & Wales in 1972. After his return to Singapore in 1975, Christopher soon became best known for his role in shipping, construction and commercial disputes. He was appointed a Judicial Commissioner of the Singapore Supreme Court in 1995.

On stepping down from the Bench in 1998, Christopher has served as an arbitrator in major international cases conducted under ICC, HKIAC, KLRCA, LCIA, SCMA, SIAC and UNCITRAL arbitration rules in many countries worldwide. He sits in both ad hoc and institutionally administered arbitrations involving maritime, construction, commercial, oil & gas, infrastructure and investment disputes conducted under all major arbitration rules. Christopher is a member of ICC Commission on Arbitration, an Alternate Member ICC International Court of Arbitration, an Advisory Board Member IBA Asia Pacific Regional Forum, a member IBA Task Force on Professional Conduct in International Arbitration, Former Chairman of the Chartered Institute of Arbitrators (Singapore) Limited and Former Member General Committee of the Singapore Chamber of Maritime Arbitration (SCMA).

Chambers Global 2017 lists him as within Band 1 of “Most in Demand Arbitrators – Singapore” and describes him as “one of the big names”. He is further characterised as “wonderful – statesmanlike, personable, diligent and serious.”

SCL (S) - Legal Professional Privilege and its Relevance in the Construction Industry (11 July 2017)

Date: 11 July 2017, Tuesday
Location: 168 Robinson Road, Capital Tower, FTSE Room, Level 9, Singapore 068912
Time: 5pm-7.15pm

About The Seminar
In this seminar, the speakers discussed Legal Professional Privilege with an emphasis on how it applies to the Construction industry:

1. Introduction to Legal Professional Privilege
(a) Legal Advice Privilege
(b) Litigation Privilege
2. Application of Legal Professional Privilege
(a) For in-house counsel of Employers, Contractors and Sub-Contractors
(b) For Construction Professionals and Consultants
3. “Without prejudice” and other types of privilege
4. When can privilege be lost
5. Practical steps to improve protection

Talk by Professor Janet Walker - 'The End, Or The Beginning?' (27 June 2017)

Date: 27 June 2017, Tuesday
Location: 9 Battery Road, 21st Floor, MYP Centre, Singapore 049910
Time: 5pm-7pm

About The Talk
CIArb Singapore had the privilege of hosting leading international arbitrator, Professor Janet Walker, as she delivered a talk challenging the conventional approach to managing the arbitration through a comprehensive plan fixed at the outset. While the first case management conference is an important opportunity to establish many key features of the procedure, (some of which are commonly overlooked) there are many other features that are best addressed at other stages. Which potential controversies over procedure should be tackled as the arbitration gets underway – which should be left for consideration as the procedure develops? How should these later steps in the arbitration be managed so to as to foster a productive working relationship with counsel, experts, and witnesses and maximize efficiency in the process? Can the approach counsel take to subsequent case conferences and procedural orders have a strategic impact on the outcomes and improve the value proposition for the parties?

About The Speaker
Professor Walker has served as arbitrator in numerous ICC, ICDR, DIAC and ad hoc arbitrations in seats in North America and Europe. Professor Walker is also a founding member of key dispute resolution institutions in Canada, including ICC Canada, Toronto Commercial Arbitration Society, and CIArb Canada. She authors the main private international law treatise in Canada and has served as consultant and expert on numerous significant transnational disputes. She is Professor of Law and past Associate Dean of Osgoode Hall Law School and common law advisor to the Federal Courts Rules Committee.

For photos of the event, please [click here].

YSIAC Conference 2017 (9 June 2017)

Date: 9 June 2017, Friday
Location: Maxwell Chambers
Time: 8.30am-6pm

About The Conference
Evolution and Innovation: Keeping Pace with the Future of Arbitration
.

SIAC-CIArb Debate (8 June 2017)

Date: Thursday, 8 June 2017
Location: The Westin Singapore
Time: 7.10pm-8.10pm

The SIAC-CIArb Debate was held on 8 June 2017 in a packed ballroom of 256 delegates at The Westin Singapore. Opening remarks were delivered by Mr Gary Born (President, SIAC Court of Arbitration) and Mr Chou Sean Yu (Chairman, Board of CIArb Singapore), and the Debate featured Mr Toby Landau QC, Mr Darius J Khambata SC, Mr Emmanuel Gaillard and Ms Judith Gill QC, titans of international arbitration.

The Debate motion was “This House Believes that the Practice of Party-Appointed Arbitrators is a Moral Hazard in International Arbitration and Should Be Abolished”. Arguing for the proposition, Mr Khambata SC observed that the “veil of secrecy shadowing the confabulations of arbitrators” could make it difficult to draw the “fine line between a doctrinally and culturally sensitive arbitrator and a committed or partial one”, while Mr Landau QC cautioned against the “danger of dysfunctional deliberations” that could arise where party-appointed wing arbitrators “jockey” for the attention of the tribunal president in polarised deliberations.

The motion was met with an equally-spirited opposition by Ms Gill QC and Mr Gaillard. Mr Gill QC argued that the motion was flawed for contemplating an “extreme and excessive response” to perceived issues which have not been fully explored or evidenced, and in circumstances where checks and balances already exist in the arbitral process to guard against the risk of arbitrator bias. Mr Gaillard rounded up the opposition’s case by highlighting that “what makes arbitration great” is the ability of parties to make choices (including the right to choose their arbitrators), and that this gives parties a sense of ownership in the process that in turn feeds into a willingness to satisfy the outcome of the arbitration.

The arguments on both sides were so compelling that the Judges (Mr Born, Professor Lucy Reed and Ms Ariel Ye) did not reach a clear verdict. The votes by the audience (103 in favour of the proposition, and 118 in favour of the opposition) which were announced by the moderator, Mr Francis Xavier SC, would however suggest that the opposition carried the motion for the day!

– Monica Chong Wan Yee, Senior Associate, WongPartnership

A similar report can be found on the CIArb London website.

For video of the event, please [click here].

For photos of the event, please [click here].

5th ALA(S)-CIArb-SCCA Friendly Triangular Golf Game (1 June 2017)

Date : Thursday, 1 June 2017
Location : Lake Course, Raffles Country Club
Time : 12.30pm

Over the last four years, this friendly annual triangular golf challenge tournament has helped to forge stronger ties among the ASEAN Law Association (Singapore), the CIArb Singapore Branch and the Singapore Corporate Counsel Association and to provide a platform for members of these associations to interact with one another. The 5th ALA(S)-CIArb-SCCA Friendly Triangular Golf Game was held on 1 June 2017 at Raffles Country Club.

Triangular challenge winner: ALA
Winner of the 2017 CIArb Golf Challenge: Yong Eng Wah
Nearest the pin winner: Yong Eng Wah
Nearest the line winner: Tan Tee Jim
Longest drive winner: Leon Koh

For photos of the event, please [click here].

Talk by Jon Prudhoe & Garry Crossley on 'Presenting Expert Evidence: What Arbitrators Want (and Need) To Know' (26 April 2017)

Date: 26 April 2017, Wednesday
Location: RPC Premier Law, 12 Marina Boulevard, #38-04, MBFC Tower 3, Singapore 018982
Time: 5pm-7pm

About The Talk
An opportunity to hear from the experts themselves! Jon Prudhoe and Garry Crossley of Navigant’s Global Construction Practice are both highly sought after Delay and Quantum experts, with extensive experience of consulting and giving evidence on construction, energy and oil & gas matters. They spoke on the all essential topic of how to marshal and presented expert evidence for optimal results. The talk encompassed the duties and role of experts in disputes of various natures and complexities; how experts work and interact with counsel/clients; and the effective presentation of evidence, including cross-examination strategies, the utility of joint testimonies, and “hot-tubbing” the experts.

The Law Society of Singapore's Litigation Conference (20-21 April 2017)

Date: 20-21 April 2017, Thursday-Friday
Location: Marina Bay Sands, Sands Expo and Convention Center
Time: 9am-6.30pm

About The Conference
The Litigation Conference 2017 is proudly presented by the Civil Practice Committee of The Law Society of Singapore. In commemoration of the 50th Anniversary of The Law Society of Singapore, the theme for this year’s conference was 50 Years On, Thinking Forward.

International and local speakers were invited to take part in various panel discussions on the changing landscape of litigation and what the future holds for litigation lawyers, during the two-day conference (20 & 21 April 2017).

SCL(S) Construction Expertise 101 (March-April 2017)

“The Honourable Chief Justice at the Opening of the Legal Year 2017, announced the Specialist Accreditation scheme designed to give due recognition to those who are experts in their field – starting with building and construction lawyers.”

Singapore’s Deputy Prime Minister Mr. Tharman Shanmugaratnam on 30th October 2014 (then also the Minister of Finance) at the Inaugural Singapore Productivity and 20th Business Excellence Awards Ceremony said:

“…. as a country, we have to place much greater importance on continuous learning and the development of deep expertise, in every trade.”

SCL(S) embarked on a new programme ‘Construction Expertise 101’ as an expansion and diversification from its highly successful Engineering 101 course (2010-2015) to provide basic understanding and appreciation of the key disciplines in the Singapore construction industry.

CIArb Workshop: Costs in Arbitration 2017 (28 March 2017)

Date: 28 March 2017, Tuesday
Location: Hong Kong International Arbitration Center
Time: 9.30am-5.30pm

About The Workshop
Costs continue to dominate the legal landscape and with continued pressure on legal budgets in 2017, it is vital to understand and control all aspects of costs and time, including those for arbitrations.

CIArb’s Costs in Arbitration Workshop 2017 delivered first-hand and practical insight into how arbitral tribunals approach the issues relating to costs in arbitration. Combining the expertise of leading law firms, a recognised arbitrator and an experienced funder, the workshop offered a 360- degree view of the cost landscape with a focus on five main areas:
-Costs of arbitration proceedings
-Practical cost budgeting
-Security for costs
-Third party funding
-The award and assessment of costs

Briefing Experts in Construction Disputes Involving Defects (15 March 2017)

Date: 15 March 2017, Wednesday
Location: One Marina Boulevard, NTUC Centre, Level 8, Room 801, Singapore 018989
Time: 5pm-7.30pm

About The Seminar
Engineering experts are often engaged in construction disputes involving defects and collapses to opine on both the cause of a failure and the technical aspects relating to whether or not the structure was designed and constructed in compliance with the relevant legal requirements.

Sean Brady explored the material and processes typically utilised by experts in reaching such opinions and discussed why addressing the causation question requires forensic expertise, while the compliance question requires design expertise, both of which are quite distinct

Sean concluded with practical advice on how to ensure expert witnesses are approaching their brief in a manner that is independent, transparent, and forensically sound.

Singapore Chamber of Maritime Arbitration (SCMA) Conference 2017 (15 March 2017)

Date: 15 March 2017, Wednesday
Location: Maxwell Chambers, Level 3
Time: 8.30am-8.00pm

About The Conference
SCMA conference has long been an industry marque event where the industry’s outstanding practitioners were gathered to share their experiences with the audience. For the 2017 conference, Sir Bernard Rix was the Guest of Honour and keynote speaker. Sir Bernard Rix recently retired from the Court of Appeal of England and Wales after twenty years as first a High Court Judge and then a Lord Justice of Appeal. As member of the Court of Appeal, he delivered a wide range of judgments on commercial disputes and shipping arbitrations. He was recently appointed as Professor of International Commercial Law at Queen Mary, University of London.

SCMA Conference 2017 “Making Maritime Arbitration Work for you” featured a mix of speaker presentations and panel discussions to showcase how maritime arbitration can be done more efficiently in an industry that continues to experience difficult headwinds.

Construction Projects in Vietnam: A Practical Overview of Key Legal Aspects (22 February 2017)

Date: 22 February 2017, Wednesday
Location: Hogan Lovells Lee & Lee, 50 Collyer Quay, #10-01 OUE Bayfront, Singapore 049321
Time: 5pm-7.30pm

About The Seminar
The construction industry in Vietnam is currently booming, and foreign construction companies enjoy an active share in this market. Vietnam is nonetheless a highly regulated, Civil Code, based jurisdiction. The seminar was a discussion of the legal considerations and best practices in implementing a construction project in Vietnam, which will span licensing and regulatory aspects, as well as the enforceability of typical contractual protections.

WIPO In-House Counsel Seminar (8 February 2017)

Date: 8 February 2017, Wednesday
Location: Maxwell Chambers, 32 Maxwell Road, 069115 Singapore
Time: 2pm-6pm

About The Seminar
Alternative Dispute Resolution for IP and Technology Disputes
Recent Developments

SCL(S) Annual Construction Law Update (18 January 2017)
Date: 18 January 2017, Wednesday
Location: Royal Palm, 6 Eu Tong Sen Street, #04-86/87, The Central (Clarke Quay), Singapore 059817
Time: 5pm-7.30pm

About The Event
Since the Inaugural Annual Construction Law Updates seminar in January 2011, SCL (Singapore) has organised an annual update which has been well-received as a key landmark in each year’s construction law-related training calendar. SCL (Singapore) is pleased to present its annual overview of key legal issues affecting the construction law industry in Singapore this past year.

 

Past Events – 2016

Talk by David Bailey QC on 'Promises to Arbitrate and their Enforcement' (16 November 2016)

We were delighted to have Mr David Bailey QC, a commercial law specialist from 7 King’s Bench Walk, London, to give a talk at Maxwell Chambers. He has a substantial international arbitration practice and has been involved in some of the most significant cases dealing with anti-suit injunctions.

About The Talk
Crescendo Maritime v Bank of Communications [2016] 1 Lloyd’s Rep. 414 is the latest decision to address the problem of direct and collateral attacks on arbitration agreements and awards. The case concerned an arbitration claim by a buyer on a refund guarantee issued in connection with a ship building contract. Having lost the arbitration, the refund guarantor commenced proceedings in China against the buyer and a third party alleging fraud. The question for the court was whether those proceedings amounted to a ‘collateral attack’ upon the arbitration and the award and, if so, what remedies should be granted to the buyer and the third party.

For photos of the talk, please [click here].

ALB Asia Pacific Arbitration Conference (15 November 2016)

Having gained more and more support from governments across numerous Asian countries, arbitration as an ADR mechanism has been steadily gaining traction. This is in particularly accelerated by the current global economy slowdown which has impacted upon both domestic and cross-border transactional works has slowed, and picked up the pace in disputes cases significantly. In addition, the quality of arbitration centres in the Asia Pacifi c region have been constantly improving and being extensively promoted both directly and indirectly through arguments that arbitration is ament much more cost and time effective way of resolving disputes as compared to traditional ways such as litigation which can at times prove to be costly. Singapore in particular is seen as a rising star in the arbitration fi eld. The International Chamber of Commerce (ICC) has ranked the city-state as the number one seat of ICC arbitration in Asia for the last five years, as well as in the top five most preferred seats of ICC arbitration in the world for the last ten years. On top of that, there are now more arbitrations filed before the China International Economic and Trade Arbitration Commission (CIETAC) and the HKIAC as compared to those filed in traditional arbitral centres like the ICC in Paris and the LCIA.

Arbitration as a choice in resolving international disputes will likewise continue to gain momentum and sour further grow as Asia continues to expand its international business reach. This conference gathered together international and regional arbitrators, in-house counsels, legal practitioners and industry experts to discuss recent developments in Asia Pacific’s arbitration practices and key drivers behind the growing trends in the establishment of new arbitration centres and increasing competition between existing ones, hot pressing legal issues and best practice solutions in the region.

BAC/BIAC & CIArb (EAB) - Opportunities and Challenges under the Belt and Road Initiative: 2016 Hong Kong Summit on Financial and Investment Dispute Resolution in China (17 October 2016)
Location : Hong Kong International Arbitration Centre

The Summit was jointly organized by the Beijing Arbitration Commission / Beijing International Arbitration Center (BAC/BIAC) and the Chartered Institute of Arbitrators (East Asia Branch)(CIArb (EAB)). The purpose of the Summit was to create a platform for arbitration practitioners and users to discuss and exchange views on the impact of the recent Belt and Road Initiative development strategy on the international dispute resolution.

CIArb Asia Pacific Diploma in International Commercial Arbitration Cocktail Reception (24 August 2016)
Location : 1 Altitude, Level 62, 1 Raffles Place, Singapore 048616

Supported by global arbitral bodies including ICC Asia, Permanent Court of Arbitration, UNCITRAL, CIETAC and SIAC, the course attracted students from across the Asia Pacific region and beyond. Held at the exclusive 1 Altitude, the event was joined by Honorary Guests, Faculty Members and the Class of 2016.

1st CIArb YMG Regional Conference (19 August 2016)

Date : Friday 19 August 2016
Location : Kuala Lumpur Regional Centre of Arbitration, Kuala Lumpur, the capital of Malaysia
Time : 9.00am – 5.30pm

Conference Sessions: 

  • Plenary Sessions

Plenary speakers covered critical themes and ‘hot’ issues in international arbitration. A selection of visionary speakers delivered challenging ideas to the entire floor, probing minds with their experiences, research and insights of significant global concerns.

  • Breakout Sessions

Breakout Sessions were led by expert speakers from the region and beyond. Each Breakout Session covered a specific topic. Topics were related to construction, maritime, investment arbitration and commercial arbitration.

  • Networking tea-break and lunch sessions throughout the conference.
  • Post-conference Drinks Reception at the end of the conference for all delegates and speakers.
  • Optional Pre/Post-Conference City Tour was offered and arranged for delegates who wished to combine attendance with a short break.

Managing The Uncooperative Party By Michael Lee (19 July 2016)

Date : Tuesday 19 July 2016
Location : Hogan Lovells Lee & Lee
Time : 5.00pm – 7.00pm

About The Talk

One of the perceived disadvantages of arbitration as against Court litigation is that the party which chooses to be uncooperative can delay an arbitration to a greater extent than would be possible in Court litigation. Non-cooperation can manifest itself across a broad spectrum from merely playing hard ball to what are often described as guerrilla tactics, that is extreme behaviour which can sometimes amount to criminal behaviour. The speaker looked at some of the ways this non- cooperation can manifest itself and how arbitral tribunals can deal with it.

A YMG Supper Club Event (29 June 2016)

Date : Wednesday 29 June 2016
Location : TBC (private dining)
Time : 6.30pm

We were delighted to welcome honorary guest, and leading international arbitrator, Professor Doug Jones AO to the first ever Singapore YMG Supper Club.

This exclusive event was held in a private room at the prestigious Tower Club in the Republic Plaza building, Raffles Place.

Professor Jones introduced the topic for the evening, “the role of the tribunal secretary” before inviting discussion over supper. The debate was lively and covered a range of angles and opinions. A delicious supper, great views and good company rounded off a fantastic evening.

By popular demand the YMG will be holding further Supper Clubs, with notable speakers at great locations.

4th ALA(S)-CIArb-SCCA Friendly Triangular Golf Games (24 June 2016)

Date : Friday 24 June 2016
Location : Tampines Course, Tanah Merah Country Club
Time : 12.30pm

Over the last three years, this friendly annual triangular golf challenge tournament has helped to forge stronger ties among the ASEAN Law Association (Singapore), the CIArb Singapore Branch and the Singapore Corporate Counsel Association and to provide a platform for members of these associations to interact with one another. The 4th ASEAN Law Association-Singapore Corporate Counsel Association Golf triangular challenge together with the CIArb Singapore Branch’s annual golf tournament was held on 24 June 2016 at Tanah Merah Country Club. Boosted by a strong team, ALA retained the trophy for the triangular challenge which they won last year. The winners were:

Best-score (stableford) : Tan Liam Beng

Ladies Champion : Kalyani Rajendran

Winner : Joseph Liow

1st Runner-Up : Chiam Tao Koon

2nd Runner-Up : Tito Issac

Low Gross : Leon Koh

Arbitration in Switzerland and Singapore: Exchange of Best Practices (20 June 2016)

Date : Monday 20 June 2016
Location : Maxwell Chambers
Time : 6.00pm

On the occasion of the launch of its South-East Asia Chapter, the Swiss Arbitration Association cordially held a discussion on: “Arbitration in Switzerland and Singapore: exchange of best practices”

SIAC - CIArb Debate (26 May 2016)

Date : Thursday 26 May 2016
Location : Raffles Hotel Singapore, Casuarina Suite B (Level 3)
Time : 6.15pm – 8.15pm

There has been a consistently inconsistent approach in the enforcement of arbitral awards that have been set aside at the seat. One of the advantages that has often been said of arbitration is that the national courts of New York Convention states should enforce an arbitral award unless one of the limited grounds for refusal is met. There are differing views amongst a number of ‘pro-arbitration’ states as to whether or not an arbitral award that has been set aside by the national courts at the seat of the arbitration can then be enforced in another jurisdiction.

SIAC Congress Week (25-27 May 2016)

YSIAC Lunchtime Talk with Toby Landau QC

Date : Wednesday 25 May 2016
Location : Clifford Chance, Marina Bay Financial Centre, 25th Floor, Tower 3, 2 Marina Boulevard, Singapore 018982
Time : 12.00pm – 2.15pm

The lecture analysed and criticised recent developments in the law of apparent bias and conflicts of interest in England and Singapore, and its application in the fields of international commercial and InvestorState arbitration. Comparisons were drawn between the treatment of this topic as between court and arbitration, and as between conventional law and soft law.

SIAC – CIArb Debate

Date : Thursday 26 May 2016
Location : Raffles Hotel Singapore, Casuarina Suite B (Level 3)
Time : 6.15pm – 8.15pm

There has been a consistently inconsistent approach in the enforcement of arbitral awards that have been set aside at the seat. One of the advantages that has often been said of arbitration is that the national courts of New York Convention states should enforce an arbitral award unless one of the limited grounds for refusal is met. There are differing views amongst a number of ‘pro-arbitration’ states as to whether or not an arbitral award that has been set aside by the national courts at the seat of the arbitration can then be enforced in another jurisdiction.

SIAC Congress & Charity Gala Dinner 2016

Date : Friday 27 May 2016
Location: St Regis Singapore
Time: 8.00 am – 10.30pm

This was a special event as we celebrated our Silver Jubilee, and the Congress coincided with the global launch of our new SIAC Arbitration Rules. Following the Congress was a Gala Dinner, which was a charity event in support of the Community Justice Centre (www.cjc.org.sg).

The Congress programme focused on the new provisions to be included in the revised Arbitration Rules, such as procedures for investment arbitration, joinder, consolidation and multiple contracts, as well as revisions to our existing Emergency Arbitrator and Expedited Procedure provisions. Our line-up of eminent panellists included distinguished members of the SIAC Court of Arbitration, other leading arbitration practitioners and senior in-house counsel, who 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 Congress 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 which was unveiled at the Congress.

 

Project Management In International Arbitration by Ben Giaretta (10 May 2016)

Date : Tuessday 10 May 2016
Location : Ashurst LLP, 12 Marina Boulevard, Level 24, Marina Bay Financial Centre Tower 3, Singapore 018982
Time : 05:30pm – 07:30pm

About The Talk

Project management skills have become an essential requirement for arbitrators. In this seminar, Ben Giaretta discussed the project management tools and techniques that can be used by arbitrators in order to ensure that arbitration proceedings are conducted expeditiously and economically.

The Golden Age Of Arbitration Or Has The Golden Goose Been Slain?” by David Bateson (26 April 2016)

About The Talk

“There is a great deal to think about as the sun rises over this glorious golden age of arbitration. But the time has come to reflect on what we must do to ensure the arbitration industry remains sustainable for the next generation.” – Chief Justice Sundaresh Menon ICCA 2012.
Singapore-based arbitrator, David Bateson gave a critical review of the current state of international arbitration, covering areas of both growth and improvement, concern and complaints. What does the future hold?

Global Pound Conference (Singapore) (17-18 Mar 2016)

The Global Pound Conference (GPC) is the place for you to meet like-minded and passionate individuals and stakeholders to discuss the future of dispute resolution and access to justice.

Launched in Singapore in March 2016 and ending in London in 2017, the GPC series will convene all stakeholders in the field of dispute resolution around the world to expound upon key challenges in Appropriate Dispute Resolution (ADR) of interest and relevance to all.

The exciting 2-day inaugural GPC Singapore 2016 held at the Supreme Court of Singapore from 17 to 18 March 2016 provoked debate on existing tools and techniques, stimulated new ideas and generated actionable data on the needs of corporate and individual dispute resolution users, both locally and globally.

There was also networking opportunities to interact with local and international stakeholders through panel discussions, interactive sessions and informal engagements.

Practical Problems Arising from the pacing of Delays on Construction Projects (24 Feb 2016)

Date: Wednesday 24 February 2016
Location :Intellioffices, Level 3, 146 Robinson Road, Singapore 068909
Time: 05:00pm – 07:30pm

The talk focused on pacing of delays, a prevalent occurrence on construction projects both in Singapore and abroad. There is unfortunately little literature, and a paucity of legal authority on this difficult subject. Employers and contractors thus often find themselves at odds with one another over the practical effect of pacing in the context of delay claims. In this presentation, the speakers explained:

1. what constitutes pacing

2. when contractors might pace on account of an employer delay

3. the practical impact of pacing delay, both on the project and on delay claims

The talk aimed to create a better understanding of pacing and how it may be dealt with by both employers and contractors.

SCL's Annual Construction Law Update 2016 (27 Jan 2016)

Location :STI Auditorium, Level 9, 168 Robinson Road Capital Tower, Singapore 068912
Date: Wednesday 27 January 2016
Time: 05:00pm – 07:30pm

Since the Inaugural Annual Construction Law Updates seminar in January 2011, SCL (Singapore) has organised an annual update which has been well-received as a key landmark in each year’s construction law-related training calendar. SCL (Singapore) presented its must-attend annual overview of key legal issues affecting the construction law industry in Singapore this past year. Our distinguished speakers, Mr. Christopher Chuah and Dr. Philip Chan, discussed updates on cases relating to the Security of Payment Act and development in Construction Law in Singapore.

 

Past Events – 2015

CIArb Centenary Celebrations Australia (23 - 24 November 2015)

5.30pm – 7.30pm, Monday 23 November: Welcome Reception, Sydney Harbour Cruise
9.00am – 5.30pm, Tuesday 24 November: 3rd International Arbitration Conference, Sofitel Wentworth
7.00pm – 11.30pm, Tuesday 24 November: Black Tie Gala Dinner, Harbourside Room, MCA

CIArb Australia was on the countdown to celebrate the CIArb Centenary Celebrations Australia events which took place from 23 – 24 November 2015 during Sydney Arbitration Week. This was a unique opportunity to show case the Institute and its work in the promotion of arbitration and other forms of dispute resolution on a global scale.

Herbert Smith Freehills-SMU Asian Arbitration Lecture (24 November 2015)

The Herbert Smith Freehills-SMU Asian Arbitration Lecture was delivered on Tuesday, 24 November 2015, by eminent arbitration practitioner and scholar, Professor Gabrielle Kaufmann-Kohler. The lecture, an SILE Accredited CPD Activity, took place at the Mochtar Riady Auditorium, Singapore Management University, from 5pm to 6.30pm, followed by a reception. The lecture opened to the legal community in Singapore interested in international law and international arbitration. For further details on past and upcoming lectures, please click here.

5th SCMA Annual Conference 2015 (23 October 2015)

CIArb Singapore was a supporting organisation of the 5th SCMA Annual Conference 2015: Maritime Dispute Resolution In The Lion City – The Next 50 Years. The conference, which was held on 23 October 2015, from 8am – 8.30pm, at Maxwell Chambers, Level 3, took stock of Singapore’s maritime dispute resolution landscape in recognition of our nation’s 50th anniversary. Focus was directed on its evolution in the last 50 years, where we are headed and how SCMA can best position itself to benefit from these changes. The conference background was set against:

– Asia’s economic growth
– Asian strength in shipping
– A default Asian arbitral seat for Singapore in BIMCO and NYPE forms

Attention was also paid to an undercapitalized shipping market responding to ADR mechanisms such as mediation and neutral evaluation as tools to achieve early and cost-efficient resolution of maritime disputes.

The conference also featured mock sessions on mediation and arbitration together with supporting panel discussions. For more details, please click here.

Singapore International Arbitration Forum (SIAF) 2015 (30 September 2015)

Many conferences focus on the important question of what to expect next in international arbitration in Asia. In the 4th Singapore International Arbitration Forum, we propose to go beyond that question. We propose to go beyond Asia, to go beyond arbitration, to look beyond the horizon. We propose to explore what the winds of international dispute resolution are bringing our way and, despite oft-repeated predictions, might well not be bringing our way.

Leading practitioners and academics will use both their intellect and experience to look beyond the standard conversations about investment treaty arbitration, “Asian international” commercial arbitration, and mediation of cross-border disputes.

Turning first to investor-state dispute resolution, why is the common assumption that ISDS is bearing down on Asia like a storm? Do the much-feared investor-state arbitration mechanisms in Asian FTAs and BITs even matter in practice? Will disputes, and arbitration of those disputes, be different with or without treaty ISDS mechanisms in place? Can and will Asia, as a “late mover”, benefit from the last two decades of investment treaty arbitration “jurisprudence”– will Asian parties follow the leader, avoid the pitfalls, ignore the outliers? Is there real cross-pollination between the anticipated practice of investor-state arbitration and the established practice of international commercial arbitration?

And just how established is “international” commercial arbitration in Asia? To be blunt, is Asia part of “international” or is it not? As foreign investment increases in Asia, there is much talk about how Asia needs increasing expertise in international commercial arbitration. The talk tends to ignore underlying questions, some of them inconvenient. How and when will Asian law societies, bars and courts be really open to international expertise? How and when will the “international arbitration community” be really open to Asian arbitrators and advocates, for non-Asian disputes? In the context of reciprocity, are leading international arbitrators and practitioners overlooking the growing reality that they need Asia as much as (they think) Asia needs them? In pushing against this horizon, how do we walk the fine line between cultural differences, cultural sensitivities and political correctness?

Finally, can we see beyond the fixed horizon of arbitration-litigation to successful mediation of international disputes? With the launch of the Singapore International Mediation Center, can Singapore make progress toward the so-far elusive goal of early mediation of complex international commercial and investor-state disputes? Thinking more ambitiously, could Singapore be an “early mover” and leader here? What legal and practical infrastructure is necessary? Who and what might work to change defeatist and negative attitudes, especially involving investor-state mediation? Is there hope of breathing life into the “cooling off” negotiation period before investors can initiate ISDS cases?

Click here for the full brochure on SIAF 2015.

CIArb Singapore Centenary Conference: The Age Of Innovation: Addressing The Perils & Promises Of Arbitration (3 - 4 September 2015)

The CIArb Singapore Centenary Celebration Conference held on 3 & 4 September 2015 at Marina Bay Sands was a resounding success, with over 320 delegates, comprising of senior judges and judicial officers, international arbitration counsel, representatives of arbitral institutions, in-house legal counsel, arbitrators, industry professionals and law students attending the Conference. The highlight of the Conference was the keynote address entitled “Standards in need of bearers: Encouraging reform from within” by the Honourable the Chief Justice Sundaresh Menon, Chief Justice of Singapore and Patron of CIArb. The Conference also saw the global launch of the CIArb Guidelines with three panel sessions dedicated to discussing some of the more widely used guidelines.

A copy of the Chief Justice’s keynote address can be found here and an overview of the panel sessions by the President of CIArb, Charles Brown can be found here.

Click here for photographs of the Conference.

CIArb Singapore Branch International Arbitration Essay Competition 2015 (14 August 2015)

The CIArb Singapore Branch International Arbitration Essay Competition 2015 was conducted this year in conjunction with the CIArb Singapore Centenary Conference. The title for the 2015 Essay Competition was: “Innovation in international arbitration: does the Emperor need new clothes?” Entries were invited for this Essay Competition from persons below the age of 45 working or resident in Asia at the date the entries were submitted. Attractive cash prizes were awarded to the winner and the runner up, both of whom were also invited to the Centenary Conference Gala Dinner held on 4 September 2015. We congratulate the winners for this year’s competition:

1st Prize – Junianto James Losari (cash prize of S$2,000)
2nd Prize – Ranjeeta Kaur (cash prize of S$1,000)

3rd ALA(S)-CIArb-SCCA Golf Triangular Challenge (25 June 2015)

The 3rd CIArb-ASEAN Law Association-Singapore Corporate Counsel Association Golf triangular challenge together with the Singapore Branch’s annual golf tournament was held on 25 June 2015 at the tough but picturesque Seletar Country Club.

Boosted by a strong team, ALA retained the trophy for the triangular challenge.

The winners in the Singapore Branch’s tournament were:

Champion: Lee Ah Teng (Stableford Points: 35)
1st Runner-Up: Richard Tan (Stableford Points: 34)
2nd Runner-Up: Simon Sloane (Stableford Points: 34)

 

Past Events – 2014

Arbitration Surgery Workshop (21 November 2014)

This intensive half-day workshop featured SIAC’s innovative arbitration training video to demonstrate the workings of an emergency arbitrator procedure under the latest edition of its Rules – The SIAC Rules (5th Edition, 1 April 2013).

During the course of this workshop, our highly distinguished and experienced panel and moderators , with the aid of various case scenarios, took participants through the very many complex issues that are likely to arise during the course of an emergency arbitrator procedure.

The workshop also featured a mock Emergency Arbitrator hearing to provide practical hands on experience to attendees of the issues that are likely to be encountered.

CIArb Singapore Members’ Evening 2014 (30 July 2014)

This year’s CIArb Singapore Branch Mid-year Members’ Evening was held at the Raffles Hotel on 30 July 2014.

Some 80 members and guests attended, from Singapore and abroad, for an informal evening of drinks and canapés as well as a chance to catch up with friends and colleagues.

We were privileged to have Justice Quentin Loh attend the Member’s Evening as the Guest of Honour.

Members and guests were welcomed by the Chairman of the Branch, Mr Richard Tan, who welcomed new members, spoke briefly about the activities of the Singapore Branch for the past year and acknowledged the members of the Branch who had assisted with its activities.

Plaques of appreciation were presented to Ms Jessica Park of the WIPO Arbitration and Mediation Center and Ms Lim Seok Hui of the Singapore International Arbitration Centre for the support and assistance of those institutions, particularly for the Intellectual Property, Technology, Media and Technology Arbitration Symposium (IPMTAS) 2014 which had been held earlier in the year.

Justice Quentin Loh then announced the winners of the CIArb Singapore 2014 Essay Competition and presented the prizes. This year’s topic was “Asia’s diversity: the strength of Asia’s arbitration centres lies in their differences not in their similarities”.  This year the competition was open to all persons under the age of 40 working or resident in Asia and a record number of entries was received, with six countries represented.

The essays were judged by a panel consisting of Justice Quentin Loh, Richard Tan as well as Neil Block QC, Edwin Glasgow QC, Peter Rees QC and David Brynmor Thomas from Thirty Nine Essex Street Chambers, which sponsored the competition.   Justice Loh made a short address about the entries, noting their high quality and his difficulty in separating the top candidates despite several stages of review and re-review.

We warmly congratulate the winners of the essay competition who were:

First prize: Mr Benson Lim You Yu

Second prize: Ms Debby Lim Hui Li

Third prize: Mr Gerald Leong

The generous cash prizes for the competition and the drinks for the evening were kindly sponsored by Thirty Nine Essex Street Chambers. The winning essay will be published in a forthcoming issue of the CIArb’s journal Arbitration -The International Journal of Arbitration, Mediation and Dispute Management and will be uploaded to this website when published.

After the formalities, members and guests mingled over canapés and free flow of wine and drinks until late into the evening.

For photos of the Members’ Evening, please [click here].

2nd ALA(S)-CIArb-SCCA Friendly Triangular Golf Games ASEAN LAW ASSOCIATION (SINGAPORE) GOLF TOURNAMENT 2014 (27 June 2014)

Friday, 27 June 2014

The second edition of the friendly triangular golf game, which was held at the Keppel Club, helped to forge stronger ties among the ASEAN Law Association (Singapore), The Chartered Institute of Arbitrators (Singapore) and The Singapore Corporate Counsel Association and to provide a platform for members of the associations to interact with one another. Congratulations to ALA(S) who were the winners on this occasion!

CIArb Singapore Young Member 2014 Essay Competition

The CIArb Singapore Branch in conjunction with Thirty Nine Essex Street Chambers held the 2014 CIArb Singapore Young Members Group Essay Competition. The Essay Title was “Asia’s diversity: the strength of Asia’s arbitration centres lies in their differences not in their similarities”
The competition was open to below the age of 40 working or resident in Asia at the date the entry is submitted. They need not be members of the CIArb.  Attractive prizes will be awarded to the winners and the winning essay published.

The essays were judged by a panel consisting of Justice Quentin Loh, Richard Tan as well as Neil Block QC, Edwin Glasgow QC, Peter Rees QC and David Brynmor Thomas from Thirty Nine Essex Street Chambers, which sponsored the competition.  The winners were announced by Justice Quentin Loh at the 2014 Members’ Evening, where Justice Loh noted the high quality of the entries and his difficulty in separating the top candidates despite several stages of review and re-review..

We warmly congratulate the winners of the essay competition who were:

First prize: Mr Benson Lim You Yu
Second prize: Ms Debby Lim Hui Li
Third prize: Mr Gerald Leong

Does Combining Mediation and Arbitration really work? (28 May 2014)

Wednesday, 28 May 2014

At this talk, we examined the pros and cons of combining mediation with arbitration, as well as the great care has to be taken when combining these two processes, so as not to water down the efficacy of these two entirely different techniques.

It is often said that there are many advantages of combining mediation with arbitration, whether this be with the same individual acting first as arbitrator, turning into a mediator and then back to an arbitrator, should the mediation not be successful, or with a separate arbitrator and mediator.  Arbitration legislation, not only in Singapore but elsewhere in the world recognises the former technique, notwithstanding criticisms, particularly from a common law perspective.  On the other hand, certain civil law jurisdictions and the People’s Republic of China endorse the concept of an arbitrator turned mediator.

Supporting Organization of WIPO Workshop for Mediators in Intellectual Property Disputes (22 - 23 May 2014)

WIPO Workshop for Mediators in Intellectual Property Disputes
May 22 to 23 May 2014, Geneva, Switzerland

This intensive two-day workshop was presented by Professors Robert H. Mnookin (Harvard Law School) and Gary J. Friedman (The Center for Mediation in Law, Mill Valley, California) to lawyers, business executives, patent and trademark attorneys, and others who wished to familiarize themselves with the mediation process and to receive training as mediators. The Workshop included lectures and simulated mediation exercises related to intellectual property disputes, and gave participants an opportunity to speak directly with WIPO Center senior staff.

Supporting Organization of DRBF 14th Annual International Conference (16 - 17 May 2014)

CIArb Singapore was a Supporting Organization of the DRBF 14th Annual International Conference – 16-17 May 2014

Dispute Boards (DBs) are recognized worldwide for their effectiveness in the real time avoidance and resolution of disputes on major projects. Embraced by government agencies, private owners, and multilateral development banks, DBs ensure project success through significant decreases in costs and time overruns.

This DBRF annual International Conference was hosted for the first time in Asia, in Singapore.  It attracted top Dispute Board practitioners, employers, funding institutions, contractors, legal professionals and consultants all active in alternative dispute resolution.

Day one offered full-day interactive training, with an introductory level workshop for those new to the process, and an advanced level workshop for experienced Dispute Board practitioners. The two-day conference featured engaging presentations and lively panel discussions about the latest developments and issues facing the alternative dispute resolution community worldwide. Case studies, insight from the international financing institutions, and cost benefit analysis was presented, along with insight on the future prospects for expanding the Dispute Board process in Southeastern Asia and beyond.

Supporting Organization of Asian Maritime Law and Arbitration Conference (10-11 April 2014)

Asian Maritime Law and Arbitration Conference – 10 to 11 April 2014

The Asian Maritime Law & Arbitration Conference (“AMLAC”) took place from 10 to 11 April 2014 at the Supreme Court Auditorium, and CIArb Singapore was a Supporting Organisation.  It featured significant legal and dispute resolution topics drawn from milestones in a ship’s life cycle on issues commonly faced by a shipowner, shipyard, financier and other relevant parties during the construction, trading and conversion phases.

CIArb-WIPO-SIAC Intellectual Property, Media & Technology Arbitration Symposium 2014 (13-14 March 2014)

CIArb-WIPO-SIAC Intellectual Property, Media & Technology Arbitration Symposium 2014 (13-14 March 2014)
Innovation Under The Global Spotlight – Overcoming Challenges, Changing Mindsets

The Chartered Institute of Arbitrators (Singapore Branch), in association with the WIPO Arbitration and Mediation Center and the Singapore International Arbitration Centre, successfully organised the CIArb-WIPO-SIAC Intellectual Property, Media & Technology Arbitration Symposium 2014, at the Marina Bay Sands Convention Centre, Singapore.

The Senior Minister of State for Law & Education, Ms Indranee Rajah was the Guest of Honour and Keynote Speaker.

IP, technology and innovation are key drivers of economic growth globally and in Asia. The astonishing speed at which new ideas, products and technologies are being introduced into the world marketplace, coupled with the need to compete, create and innovate in the converging areas of Intellectual Property, Media and Technology, carries however risks and new challenges. What are those risks and challenges and how should businesses, innovators and their advisers deal with them? What mechanisms are currently in place to diffuse, avoid and resolve conflicts and what new measures and solutions should be considered?

Under the Singapore IP Hub Master Plan, Singapore aims to become a global IP hub with a world-class infrastructure and eco-system where businesses and investors are secure in protecting their rights, transacting deals across borders and resolving their disputes.

The views of leading IP, arbitration and ADR experts and business leaders from around the world were canvassed, discussed and debated during the 2-day symposium as they discussed their experiences and addressed the key issues, best practices and new solutions.

Talk by Neil Kaplan CBE QC SBS on 'The Do's and Don’t's of presenting a case to arbitrators'(10 February 2014)

Monday, 10 February 2014

There are many different ways of presenting a party’s case to an arbitral tribunal. Our distinguished speaker, Neil Kaplan shared his insights and provided practical tips on how parties should approach this all important aspect in the context of an international arbitration where parties may come from different backgrounds and the case conducted under different arbitration rules, beginning from the road map that might be laid down at the first procedural meeting when directions are given through to the evidential hearing and post-hearing briefs.  He discussed how party representatives should generally present submissions, arguments and evidence to arbitral tribunals, what arbitral tribunals generally expect and what parties and their party representatives should – and should not – do, in order to achieve the best and most cost-effective result for their clients.

 

Archives

2013

Force Majeure, Delay and Termination: the Perils and Pitfalls to Watch Out For” by Adam Constable QC
Monday, 16 September 2013
In this talk, Adam Constable QC Spoke on the perils and pitfalls associated with delays to projects and the effect of certain contractual clauses dealing with delays and termination, including:

• the interpretation of Force Majeure clauses which parties may seek to rely upon to extend the delivery or completion date; key aspects of the approach to construing such clauses in standard form contracts, such as the SAJ form (and what constitutes “Permissible Delays” and “beyond the control” of a party); and the identification and resolution of areas of ambiguity.

• when delay to construction may be a basis for contractual termination by an owner; how these issues should be approached from the owner’s and builder’s perspectives; the interrelationship with common law repudiatory breach, and election between contractual and common law remedies.

The talk was especially relevant in the light of the recent Singapore cases involving the ban of sand exports such as Holcim (Singapore) Pte Ltd v Precise Development Pte Ltd and another [2011] SGCA 1 and Alliance Concrete Singapore Pte Ltd v Sato Kogyo (S) Pte Ltd [2013] SGHC 127.

Supporting Organization of CIArb 2013 International Arbitration Conference
Thursday, 22 August 2013 to Saturday, 24 August 2013
About 300 people attended the CIArb 2013 International Arbitration Conference “Tapping Asia’s Growth” in Penang from 22-24 August 2013. The Chief Justice of Malaysia, Tun Ariffin Zakaria, gave the Opening Speech and the Chief Justice of Singapore, Sundaresh Menon, gave the Keynote Address. The speakers and panellists included judges from many different countries, including Singapore’s Justice Judith Prakash, and representatives from many arbitral institutions. Participants at the 3-day conference discussed the growth of arbitration in countries in Asia and its leading arbitral institutions, the challenges and risks facing the arbitration community and users and many other topical issues. The highlight of the conference would have been Chief Justice’s Sundaresh Menon’s Keynote Address “Some Cautionary Notes For An Age of Opportunity”, in which he spoke on various issues that the international arbitration community needed to address in order to better respond to challenges to a changing environment. Importantly, his cautionary tales included his views on possible responses to those challenges.

Strategies for managing risks and resolving disputes involving Chinese parties in International Arbitrators by Ruth Stackpool-Moore & Lim Seok Hui
Monday, 22 July 2013
An increase in the number of cross-border disputes involving Chinese parties is inevitable as inbound and outbound investment in China continues to surge. Parties doing business with Chinese parties need to be aware of the risks and challenges they face, including different avenues for resolving disputes, drafting effective dispute resolution clauses and enforcing awards.

Our distinguished speakers from two leading arbitration institutions shared their views and perspectives on this important subject. Ruth Stackpool-Moore, the Managing Counsel of the Hong Kong International Arbitration Centre (HKIAC), examined the precautionary steps businesses may take to successfully manage their risks in the course of such dealings, including what measures they should take to ensure the effective resolution of disputes and in what areas HKIAC Rules can assist any party dealing with Chinese entities.  Ms Lim Seok Hui, Chief Executive Officer of the Singapore International Arbitration Centre (SIAC), discussed SIAC’s recent experience with arbitrations involving Chinese parties from a variety of industry sectors and common issues including drafting contracts with Chinese parties, language of contracts and the arbitration, the effect of Chinese legislation, numbers of arbitrators and enforcement requirements in China.

ALA-CIArb-SCCA Triangular Golf Game (See Photos)
Friday, 31 May 2013
The inaugural friendly triangular golf game between the ASEAN Law Association (Singapore), the Chartered Institute of Arbitrators (Singapore) and the Singapore Corporate Counsel Association was played at the Island Course of the Singapore Island Country Club. Save for the interruption by adverse weather towards the end, the event proved to be most enjoyable and memorable for the 45 participants who sweated and put in their best efforts for the associations they were representing in vying for the challenge trophy. In the end, Team CIArb won the challenge trophy but just by one Stableford point ahead of Team ALA. All the same, hip-hip-hooray Team CIArb!

The CIArb golf tournament that took place concurrently with the friendly triangular saw keen competition amongst CIArb members. This tournament was won by Lee Ah Teng. Yong Eng Wah took the second placing and the third placing went to Carl Wong. Congratulations to the winners! The sumptuous buffet dinner with its generous spread after the golf game was equally enjoyable. The evening presented a splendid opportunity for participants to mingle and get to know each other. Speeches in the form of golf jokes by Justice Lee Seiu Kin, Richard Tan and Chua Lee Ming provided the laughter that made the event completely memorable. We would like to express our thanks and gratitude to the main sponsor – Thirty Nine Essex Street Chambers, and to the subsidiary sponsors – Rajah & Tann and Merrill Corporation, for their generous contributions. Last but not least, special thanks to Justice Lee Seiu Kin, Richard Tan and Chua Lee Ming for donating the challenge trophy for the triangular golf game.

Essay Competition & Singapore Branch Members’ Evening
Thursday, 30 May 2013
The Branch held its mid-year Members’ evening on 30 May 2013. Almost a hundred members and guests attended the event at the Ritz Carlton hotel. We were also privileged to have Senior Minister of State for Law and Education, Ms Indranee Rajah, attend as our guest of honour and to announce the winners of the Chartered Institute of Arbitrators Singapore 2013 YMG essay competition jointly organized with Thirty Nine Essex Street Chambers and present the prizes.

The curtain raiser for the evening was a talk by Neil Block QC of Thirty-Nine Essex Street Chambers on privilege in international arbitrations and the recent English Supreme Court decision in R (on the application of Prudential plc and another) v Special Commissioner of Income Tax and another [2013] 2 WLR 325, which held that legal professional privilege did not attach to legal advice given by accountants in relation to their clients’ tax affairs. Mr Block discussed the reasoning of the majority and dissenting opinions in that case, and suggested that the decision may not be followed in other jurisdictions. He then went on to examine the difficulty of determining what rules should be applied where the parties have different expectations as to the scope (if any) of the law of privilege in international arbitration proceedings. Mr Block discussed solutions to this problem including the adoption of a ‘most favoured nation’ approach, where parties and the tribunal might rely on the national law of the party which offered the broadest scope of privilege.

The Chairman of the Branch, Richard Tan, gave a speech to welcome members and guests, some of whom travelled from overseas. He spoke on the recent work of the Singapore Branch in conducting talks, training seminars and workshops on arbitration for members of the Institute and members of the public, organizing various activities for the Branch, including networking and social events, and importantly, its initiatives encouraging thought leadership and creative thinking, such as the recent essay competition, all of which were geared towards the further development of international arbitration, best practices and the promotion of the objectives of the Chartered Institute, which now had more than 12,500 members around the world. He observed that the ranks of the Singapore branch were rapidly expanding and warmly welcomed the new members who had recently joined the Singapore Branch through the various pathways programmes offered by the Institute and congratulated them on their success. He expressed grateful appreciation for the contributions of the volunteers on the main committee and sub-committees, all of whom were busy professionals and called for more members to step forward. The Singapore Branch was particularly glad to have worked and collaborated with many arbitral institutions in holding workshops and seminars not just in Singapore but in neighbouring countries and as an expression of its appreciation for their contributions and support during the past year, the Chairman presented plaques of appreciation to representatives of the SIAC, ICC, AAA/ICDR, the CIArb Malaysian Branch and the CIArb Philippines Chapter. Individual tokens of appreciation were also given to certain members and to speakers and tutors involved in the courses and workshops in recognition of their special contributions.

Senior Minister of State, Ms Rajah gave a short address to the audience in which she noted the Singapore Branch’s work in training on arbitration and highlighted Singapore’s continued upward trajectory as a centre for international arbitration and which has led to many international law firms setting up practices here to support the growing numbers of international arbitrations using Singapore as a seat and venue for international cases. She also identified certain areas including intellectual property disputes for further development in future.
The evening was particularly special as it served as the occasion for the Senior Minister of State to announce the winners of the Chartered Institute of Arbitrators (Singapore branch) YMG essay competition jointly held with Thirty Nine Essex Street Chambers on the topic “A regulatory framework for arbitrators and increased arbitral accountability: ideas to reinvigorate arbitration or stifle it?”, a topic that was inspired by the Chief Justice’s recent talks. The judging was conducted by a panel from Thirty Nine Essex Street Chambers and the CIArb Singapore Branch. The results were announced with great anticipation and suspense, and the prizes presented by the Senior Minister of State to the three best entries. We warmly congratulate the following winners of the competition.

First Prize: Ms. Harpreet Kaur Dhillon
Second Prize: Ms. Aurora Villacellino
Third Prize: Ms. Sapna Jhangiani

The generous cash prizes for the essay competition and the drinks for the evening were sponsored by Thirty Nine Essex Street Chambers. The winning essay will be published in a forthcoming issue of the CIArb Journal and will be uploaded to this website when published. After the formal announcements, members and guests mingled over canapés and free flow of wine and drinks late into the evening of what was a highly enjoyable and prestigious event. We are very grateful to Thirty Nine Essex Street Chambers for its sponsorship and especially to Mr David Barnes.

Talk on the Jackson Reforms and how they can be applied to International Arbitrations: A Talk by the HON. Mr. Justice Vivian Ramsey
Saturday, 18 May 2013
The Hon. Mr. Justice Vivian Ramsey has been instrumental in implementing the reforms recommended in Lord Justice Jackson’s Report on Civil Litigation Costs in England. They involve a new approach to managing the costs of civil litigation in the courts. On 18 May 2013, the Branch was honoured to have Sir Vivian speak to the Branch about those reforms and how certain techniques could be applied in an international arbitration context.

Sir Vivian explained some of the more significant changes to the procedural rules in England introduced on 1 April 2013 that seek to maintain control over time and costs in litigation. One of the new approaches was to focus on cost management using a number of techniques. The parties are to prepare and obtain court approval of a costs budget for their dispute, they may select from a range of disclosure options, from old-fashioned Peruvian Guano-style trail of enquiry discovery to the limited production of only those documents on which a party wishes to rely and in certain cases without any discovery. The court will also exercise increased scrutiny over the use of expert witnesses, including cost capping. Sir Vivian proposed that these cost control mechanisms could be adopted by tribunals in an international arbitration setting to address the sustained criticism by many users of the spiralling costs and length of time to reach a final award.

The talk was chaired by the Chairman of the Singapore branch, Richard Tan, and in the lively discussions that followed, some members queried whether imposing some of them could extend beyond an arbitral tribunal’s ordinary mandate or under certain institutional rules and could give grounds for setting aside an award made against such a procedural background. Solutions were offered and discussed and overall, it was felt that the mechanisms introduced in England were clearly in the right direction and some of the techniques could usefully be applied to international arbitrations and would benefit users if used correctly and properly case-managed. The session was extremely informative and thought-provoking. We are very grateful that Sir Vivian Ramsey could take time on a Saturday morning to speak on this important topic, and to Stamford Law for the use of its offices to hold the talk. After the talk, members were invited to join a lunch with Sir Vivian at the Fullerton Bay Hotel.

Arbitration Surgery Workshop on Emergency Arbitrator Relief and Networking Dinner in Manila
Friday, 15 March 2013
The Singapore Branch held an Arbitration Surgery Workshop on Interim Measures and Emergency Arbitrator Relief in association with the Philippines CIArb Chapter. Representatives from the ICC, SIAC, AAA/ICDR and the CIArb Branches and Chapters spoke at the workshop. A networking dinner followed the workshop and a golf game the following day.

Arbitration Surgery Workshop in Malaysia
Friday, 01 March 2013
Arbitration Surgery Workshop on Interim Measures – Malaysia 1 March 2013, Prince Hotel – Following the successful Singapore arbitration surgery workshop in October 2012, the Singapore Branch held jointly with the Malaysian Branch and the KLRCA, a similar workshop on Interim Measures and Emergency Arbitrator relief in Kuala Lumpur on 1 March 2013. The distinguished speakers were Mr Minn Naing Oo, Ms Khong Cheng Yee, Mr Michael Lee, Ms Rammit Kaur and Mr Richard Tan. The workshop was led by Richard Tan, and moderated by Jonathan Choo.

The workshop was attended by about 40 participants who went through various case scenarios on interim relief measures. The emergency arbitrator procedures under the latest ICC, SIAC and the ICDR/AAA Rules were discussed, as well as the KLRCA Rules. The workshop was followed by a networking dinner attended by participants from Malaysia, Singapore, Australia and other countries. There was a golf game the next day at the Tropicana Golf Club. Our thanks to the KLRCA, SIAC, ICC and ICDR/AAA for supporting this workshop and for taking part in it, and also to the Malaysian branch for their hospitality.

CIArb Singapore members’ lunch with Lord Saville
Saturday, 02 February 2013
The Singapore Branch was pleased to organize an informal lunch at the Tanglin Club on Saturday, 2 February 2013 for its members to meet Lord Saville (the principal draftsman of the English Arbitration Act 1996), who was visiting Singapore to give a keynote address at the Law Society Litigation Conference. A small group of members who signed up for this event enjoyed a delicious lunch and had the opportunity to chat with Lord Saville on a wide range of topics. The wine was sponsored by the Branch Chairman.

 

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