SIArb’s annual lecture, “Developments in Arbitration in Singapore” for the year 2022, which provided an overview of the decisions made by the Singapore courts in 2022, was held on 16 February 2022 (Thurs), from 5:30pm to 7:30pm, in a webinar format.
The chairperson for the lecture was Mr Matthew Shaw, who is a Council member and the Chair of the Continuing Professional Development Committee of the SIArb while the speakers were Prof. Lawrence Boo and Ms Delphine Ho. Prof. Boo is an independent arbitrator and head of The Arbitration Chambers, Singapore. He teaches international arbitration at the NUS, is the author of Halsbury’s laws of Singapore volume 1(2) and one of the leading commentators on Singapore arbitration law. Ms Ho is also an independent arbitrator at The Arbitration Chambers. She was the registrar of SIAC from 2016 to 2021.
Prof Boo commenced the lecture by giving the attendees an overview of the 2021/2022 arbitration caseload numbers for SIAC, ICC, LCIA and HKIAC. HKIAC saw a 24.2% increase in caseload from 2021 while the other 3 institutions have not released their 2022 caseload figures.
Prof Boo first provided an overview of the arbitration issues that were before the Singapore courts in 2022, which are as follows:
- 2 applications on stay of court proceedings in favour of arbitration (including 1 appeal)
- 3 applications relating to jurisdiction
- 18 applications to set aside arbitral awards
- 4 applications on enforcement of arbitral awards (domestic and foreign)
Prof Boo and Ms Ho then went on to discuss a total of 20 Singapore cases which have precedential value, mostly within the above categories of the above, and which are as follows:
- Stay of proceedings:
- CSY v CSZ [2022] SGCA 43
- Presscrete Engineering PL v Ssangyong-Wai Fong Joint Venture [2023] SGHC 8
- Jurisdiction of the Tribunal:
- Hunan Xiangzhong Mining Group Ltd v Oilive Pte Ltd [2022] SGHC 43
- York International PL v Voltas Ltd [2022] SGHC 153
- CUG & 3 Ors v CUH [2022] SGHC(I) 16
- Setting Aside (Applications allowed/remitted):
- Sai Wan Shipping Ltd v Landmark Line Co Ltd [2022] SGHC 8
- Pheonixfin PL v Convexity Ltd [2022] SGCA 17; upholding [2021] SGHC 88
- CKH v CKG [2022] SGCA 54; partially reversing [2021] SGHC 114
- CEF & Anor v CEG [2022] SGCA 54; partially reversing [2021] SGHC 114
- Bagadiya Brothers (Singapore) PL v Ghanashayam Misra & Sons PL [2022] SGHC 246
- Setting Aside (Applications dismissed/reversed):
- Sanum Investments Ltd & Anor v Government of the Lao People’s Democratic Republic & Ors and another matter [2022] SGCA(I) 9
- Lao Holdings & Anor v Government of the Lao People’s Democratic Republic and another matter [2022] SGCA(I) 9
- CJA v CIZ [2022] SGCA 41; reversing [2021] SGHC 178
- CNQ v CNR [2022] SGHC 267
- CFL & Anor v CFL & Anor [2023] SGHC(I) 1
- Enforcement of Arbitral Awards:
- National Oilwell Varco Norway AS v Keppel FELS Ltd [2022] SGCA 24; reversing [2021] SGHC 124
- CNX v CNY [2022] SGHC 53
- Re Shanghai Xinan Screenwall Building & Decoration Ltd [2022] SGHC 58
- CVG v CVH [2022] SGHC 249
- Other Issues:
- Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1 (on appeal from [2021] SGHC 244
Following the above discussion, Prof Boo presented a notable foreign case, C v D [2022] HKCA 729, which was contrasted with the views by the Singapore CA and the US Supreme Court on the same issues.
Prof Boo also provided a case study of an actual event to emphasise that arbitrators should ensure proper disclosures lest the non-disclosure give rise to circumstances that call to question their professional integrity.
The lecture culminate with discussions of Q&As from the floor.
Attendees were also provided a detailed case digest.
The lecture was well presented and packed with information.
Click HERE to view more photos.
Reported by:
Khoo Jing Ling