About the Seminar:
Singapore’s arbitration landscape has witnessed thrilling developments in 2017. The SIAC launched its Investment Arbitration Rules, opening interesting prospects for proceedings involving States. The Civil Law (Amendment) Act 2017 entered into force on 1 March 2017 giving the green light to third-party funding in international arbitration proceedings and court proceedings arising out of such, which created excitement in the arbitration community.
Singapore courts had its flow of arbitration cases, many of which concerned requests for enforcement of arbitration agreements or applications for setting aside of awards.
The speaker will share his observations and insights on some of these judicial decisions. Notable decisions deserving comments will include Kingdom of Lesotho v Swissbourgh Diamond Mines (Pty) Limited & 8 others [2017] SGHC 195 in which the Singapore High Court set aside an investor-state arbitration award. This was the second time that Singapore courts had to deal with an investment arbitration matter following the famous Sanum v Laos case. The speaker will also examine the case of TMT v The Royal Bank of Scotland [2017] SGHC 21 in which the High Court refused to stay court proceedings on the basis of an arbitration agreement which designated the wrong arbitral institution, a rare decision in light of the very generous approach adopted in previous cases. Other discussed cases will include K.V.C Rice Intertrade Co Ltd v Asian Mineral Resources Pte Ltd and another suit [2017] SGHC 32 on “bare” arbitration clauses, L Capital Jones Ltd and another v Maniach Pte Ltd [2017] SGCA 3 in which the Court of Appeal overturned the previous High Court decision in the same matter on the arbitrability of minority oppression claims, as well as BLY v BLZ and another [2017] SGHC 59 in which the High Court considered the test for a stay of the arbitral proceedings under section 10(9) of the IAA in the context of jurisdictional challenges.
Seminar Programme:
5.00 – 5.30pm | Registrations and Standing Buffet Reception |
5.30 – 5.45pm |
Opening Remarks by Chairperson Mr. Dinesh Dhillon – Partner, Allen & Gledhill LLP; President, Singapore Institute of Arbitrators |
5.45 – 7.00pm |
Developments in Singapore Arbitration Prof. Lawrence Boo – Head of Arbitration Chambers, Singapore
|
7.00 – 7.15pm | Q&A Session |
About the Speaker:
Professor Lawrence Boo is the author of “Halsbury’s Laws of Singapore Volume 1(2) - Arbitration” (Lexis-Nexis 2011 Re-issue), the chapter on Singapore in the book “International Handbook on Commercial Arbitration” (Kluwer 1996, 2002 and 2011 Supplements) and the regular contributor to the “Annual Review of Singapore” chapter on “Arbitration” since 2001. His papers have also been published in various international journals including the Journal of International Arbitration, Asian International Arbitration Journal, Asia Business Law Review, Chinese Yearbook of Private International and Comparative Law (Peking University Press), Dispute Resolution Journal (London) and the Asian Business Lawyer (Korea University). He is on the editorial board of the Oxford International Arbitration Series (Oxford University Press). The “UNCITRAL Digest on the Model Law on International Commercial Arbitration 2012” is his latest published work which he completed (with Prof Frédéric Bachand and Dr Stefan Kröll) in July 2012. Consistently ranked as one of Asia’s most “in demand” arbitrators from 2008 to 2017, Prof Boo has sat as arbitrator in close to 300 cases in many jurisdictions, and written numerous awards. He has also been designated by Singapore to serve on the ICSID Panel of Arbitrators. |
About the Chairperson:
Dinesh practises international arbitration and litigation. He has acted as lead counsel in international arbitration for global multinational corporations in the telecommunications, airline, hotel, commodities, construction, manufacturing and projects industries. Apart from corporates, he has also represented sovereign states in international arbitration cases. He has represented clients in landmark cases before the Singapore courts relating to jurisdiction of arbitral tribunals, challenges to arbitration awards and attempts to resist enforcement of foreign arbitration awards. Dinesh has represented multinational companies in cases before the Singapore High Court and Court of Appeal relating to banking, corporate, employment, entertainment, insurance, property and shareholder disputes. He has also acted for statutory boards in judicial review cases. Dinesh was called to the Singapore Bar in 1995. In 2004, he obtained the Graduate Certificate in International Arbitration from the National University of Singapore. He is recommended for his expertise in international arbitration and commercial litigation in leading publications, such as Chambers Global and The Legal 500 Asia Pacific where he has been described as “outstanding”, a “well respected litigator” and “strong on strategy and case management”. He is a Fellow and President of The Singapore Institute of Arbitrators, Co-Chair of the International Bar Association’s Asia Pacific Arbitration Group, Honorary Treasurer of the Law Society of Singapore and Honorary Treasurer of the Pro Bono Services Office. |
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