International arbitration in Singapore - The Legal 500 Although this decision was overturned on appeal, as noted above, the High Courts findings on separability were not disturbed by the court of appeal. Marking the Centenary of the ICC International Court of Arbitration, the latest publications deliver on a pledge set out in the ICC Centenary Declaration on . She is noted by market sources for her expertise in investor-state matters. However, the court of appeal refused to admit the new evidence, as the proceedings in BNA HC was not a proceeding before the arbitrator and admission of the new evidence would contravene the parol evidence rule under Section 94 of the Evidence Act (Chapter 97). Baker McKenzie offers a broad range of arbitration capabilities, including activity in energy, construction and telecoms disputes. This obligation continues throughout the duration of the arbitration (Article 12 of the Model Law, First Schedule of the IAA and Section 14(1) of the AA). Roger Gyles AO KC He regularly acts on shareholder disputes, with particular strength representing clients in the energy sector. Arbitral tribunals commonly grant preliminary or interim relief in the form of prohibitory injunctions and freezing injunctions to preserve assets that are the subject matter of the dispute. The Singapore High Court in BCY v BCZ (2016) SGHC 249 has held that, where the arbitration agreement is a clause forming part of a main contract, it is reasonable to assume that the contracting parties intend for the same system of law to govern both the arbitration agreement and the main contract. Singapore is a party to the 1958 New York Convention and is home to a full suite of acclaimed dispute resolution institutions. Practice areas such as Insurance, Construction, IP and Media may also contain litigators who are experts in their field in markets that are sufficiently specialised. It must state the reasons for the award, unless the parties have agreed that no reasons are to be given or the award is won on agreed terms. subject to Subsection (2), proceedings under this Act in any court are to be heard in private. He is very sharp, quick, and instils confidence in his clients that he will lead them to a favourable outcome.". The SIAC, established in 1991, is generally the preferred institute among many Asian-based users. Rodman Bundy is a respected public international law specialist active on inter-state disputes. Maxwell Chambers - Gateway to Dispute Resolution Clients include commodity traders and natural resources companies. There are no restrictions on parties appointing foreign law firms or lawyers who are not qualified in Singapore as their legal representatives in arbitration. Global Arbitration Review has referred to him as a "Global Leader, Arbitration 2023" in its 2023 edition of Who's Who Legal: Arbitration - a guide to the world's leading commercial arbitrators. Unless the parties have agreed otherwise, a Singapore-seated arbitral tribunal has wide and general discretion to allocate and apportion costs in its award. the funder must have a paid-up share capital of no less than S$5 million (or equivalent in foreign currency) or no less than S$5 million in managed assets (or equivalent in foreign currency). He is recommended for his expertise in . The Singapore courts take a robust approach to addressing breaches of arbitration agreements. Where such applications are concerned, the supervisory court will not engage with the correctness of the arbitral tribunals decision and the challenge will only be considered strictly against the threshold set out in Article 34 of the Model Law. The team is often instructed on cases relating to construction, power generation, oil and gas, and transportation issues, and is especially familiar with the SIAC and AIAC arbitral regimes and also active in arbitrations generated by projects and investments outside the region. In no event will Chambers and Partners be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tort action, arising out of or in connection with the use of the website. The team's client base features a number of leading US, European and Asian multinationals including Shell, AsiaPhos and the National Grid Corporation of the Philippines. It has recently been involved in sport, energy and aviation-related disputes, as well as investor-state proceedings. Maxwell Chambers' initial mission was to become a hub to the world's international arbitration community by housing leading international ADR organizations, state-of-the-art hearing rooms, and support services. Likewise, claims of unfair preference in respect of insolvent companies are not arbitrable, as these claims affect the substantive rights of other creditors (Larsen Oil and Gas Limited v Petroprod Ltd (2011) 3 SLR 414). Clifford Chance | Dispute Resolution: Arbitration. The group handles construction, engineering and shipbuilding issues as well as high-profile investment treaty arbitrations, and fields lawyers with experience in the USA and several European jurisdictions as well as across Asia, making it a particularly popular choice for foreign clients. Maxwell 42 | International Arbitration Chambers Singapore The company will have the option to repurchase the assigned causes of action (at a nominal sum) if the funder is not sufficiently expeditious in its conduct of the recovery actions. These amendments came into effect on 1 December 2020. not to commence court proceedings stemming from an agreement to resolve any disputes by reference to arbitration; and. An arbitration agreement must be in writing. The firm's knowledge of arbitration practices is strengthened by team members' former work as counsel with SIAC and the ICC. Many contracts - including those imposed on customers by many financial and healthcare organisations - require mandatory arbitration in the event of a dispute. The firm is active on disputes arising out of long-term supply contracts, notably LNG price review arbitrations, acting for a range of multinational energy sector clients. However, parties must be mindful of the limits imposed on the admission of evidence for arbitration-related proceedings before the courts in Singapore. This is in contrast to a case where the party applying to court for discovery does so with the intention of ascertaining whether it would have a viable cause of action to pursue in arbitration. Dispute Resolution: Arbitration in Singapore Legal Rankings. Members of the team have been retained as arbitrators, advisers and/or counsel on arbitrations conducted under the auspices of the worlds leading arbitration institutions, including the Permanent Court of Arbitration, the ICC International Court of Arbitration, the LCIA, the American Arbitration Association, the Hong Kong International Arbitration Centre, the China International Economic and Trade Arbitration Commission, the Singapore International Arbitration Centre and the Asian International Arbitration Centre. Nish Shetty is an experienced practitioner who has acted on ICSID, SIAC and ICC arbitrations, including those involving BITs. with what system of law does their arbitration agreement have its closest and most real connection? WongPartnership has an impressive regional presence, led from Singapore, extended by offices in China, Indonesia, Malaysia, Myanmar and the Philippines and enhanced where appropriate by collaboration with other regional and extra-regional international firms. Singapore International Arbitration Centre - Maxwell Chambers Further, the court of appeal found that both the High Court and the court of appeal are bound by the parol evidence rule. The court in Equinox Offshore Accommodation Ltd v Richshore Marine Supplies Pte Ltd (2010) SGHC 122 explained the difference between pre-action discovery (which the court has the power to grant) and pre-arbitral discovery (which the court does not): Where one party to a contract with an arbitration clause believes that may have a cause of action against the other contracting party but [this] falls outside the scope of the arbitration clause, and he brings an application to try and determine whether it is viable to commence that cause of action in court, it would be an application for pre-action discovery. TAC - The Arbitration Chambers Even an award that has been remitted to the tribunal by the court is not immune from subsequently being set aside. The firm also advises clients on disputes arising from alleged breaches of bilateral and multilateral investment treaty provisions. The Singapore Institute of Arbitrators (SIArb) also set out guidelines for third-party funders (dated 18 May 2017), with a view to promoting best practice among funders and prospective funders. Section 12(5) of the IAA provides that an arbitral tribunal may award any remedy or relief that could have been ordered by the court if the dispute had been the subject of civil proceedings in that court. In this #10QuestionsWithMaxwell interview, we feature Gloria Lim, Chief Executive Officer of Singapore International Arbitration Centre (SIAC).. As the Chief Executive Officer, Gloria works closely with the Chairman and the Board in formulating and fulfilling the vision and strategies for SIAC, and is responsible for the overall management and operations of the institution. The foremost route is to stay any court proceedings commenced in breach. In the case of BZW and another v BZV, the Singapore Court of Appeal stated the law on the fair hearing rule and upheld the decision of the Singapore High Court to set aside a Singapore International Arbitration Centre (SIAC) award on the basis that there was a breach of natural justice.. The firm offers a strong track record handling commercial disputes such as those stemming from supply and manufacturing contracts, breach of purchase and shareholder disputes. Established in 1980, Chambers International, has built a strong presence in Singapore as a reputable group of companies providing a comprehensive range of professional real estate consultancy services, including integrated facilities . In some jurisdictions in the region, where the legal profession is not fused, we feature separate ranking tables for barristers and solicitors. A principal, whether disclosed or undisclosed, of a party that acted as an agent in the agreement has rights as a party to the arbitration agreement. Allen & Gledhill LLP | Head of Dispute Resolution: Arbitration, "His conciseness and ability to really advocate his point of view, even when he has a very difficult case, are his strengths. She has experience representing international clientele in SIAC and ICC arbitrations, including in the energy sector. Further, even if the arbitral tribunal had erred in finding that confidentiality applied to Singapore-seated investment treaty arbitrations, this would amount to an error of law, which is insufficient to justify curial intervention. Good Friday Friday, 7 April 2023 Labour Day Monday, 1 May 2023 Hari Raya Haji Thursday, 29 June 2023 National Day Wednesday, 9 August 2023 Deepavali Monday, 13 November 2023 Christmas Monday, 25 December 2023 COVID-19 Updates Rules Learn More Model Clauses Learn More Arbitrators Learn More Fees The court of appeal held that it would suffice to show a breach of such an agreement for an anti-suit relief to be granted unless there are strong reasons not to grant such a relief. In BNA CA, the respondent had earlier attempted to admit new evidence in the form of pre-contractual negotiations before the High Court (in BNA HC). Professional Career. Prominent international arbitral institutions have also established offices in Singapore, including the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution and the Permanent Court of Arbitration and the World Intellectual Property Organization Arbitration and Mediation Centre. Other signatory states include South Korea, Myanmar, Malaysia and Indonesia. Ltd. | Dispute Resolution: Arbitration. Chan Leng Sun SC - Duxton Hill Chambers (Singapore Group Practice) The section features arbitration counsel providing advice on the resolution of disputes by one or more neutral parties, either an arbitrator or an arbitration panel. Expertise in alternative dispute resolution, involving non-court mediation and arbitration, may be ranked in separate tables where the market is sufficiently developed. The Singapore courts uphold the principle of minimum curial intervention in respect of arbitration-related applications. Clifford Chance is possessor of one of the broadest geographical footprints in the region, backed by a global arbitration capability and regularly engaged by leading multinationals, Chinese state-owned enterprises and other major domestic businesses. This is based on the foundational principle in arbitration that parties choose their adjudicators. The Singapore-Indonesia bilateral investment treaty also entered into force on 9 March 2021. The court initially found basis for setting aside the award but then decided to remit the matter to the arbitral tribunal to allow the tribunal an opportunity to cure the breach of natural justice. In other words, Article 5 of the Model Law provides that the only grounds on which an award may be set aside are those set out in Article 34 of the Model Law. Judith Gill KC of Twenty Essex is a sought-after arbitrator, noted for her expertise in handling investor-state disputes. The SIAC also issued a case-management update to inform users of procedures that had been moved online. Singapore High Court considers when insured may - Chambers and Partners The previous Section 22 of the IAA states: Proceedings under this Act in any court are, on the application of any party to the proceedings, to be heard otherwise than in open court. The amendments do not only replace the phrase otherwise than in open court with the more succinct in private, they also provide for this privacy as a starting point (unless the court orders otherwise). International Arbitration 2022 - Chambers and Partners Mayer Brown has an accomplished team in Singapore with expertise handling international commercial arbitrations in a range of sectors. Dispute Resolution chapters focus on litigation and alternative dispute resolution proceedings. Japanese law firm Nishimura & Asahi has a renowned international disputes practice that is regularly instructed by household-name domestic and foreign multinationals, and is attracting increasing attention for its work in the international arbitration sphere. Maxwell Chambers offerings cater to every dispute resolution need. This also ensures that the company receives any fruits of a recovery action in a timely manner. The Singapore government and judiciary also play an integral role in this ecosystem. In SYT Consultants Pte Ltd v QBE Insurance (Singapore) Pte Ltd, the General Division of the Singapore High Court ("Singapore High Court") considered whether an insured, who had settled a claim against it by third parties without obtaining the insurer's approval on such settlement, could subsequently rely on the . In a Singapore-seated arbitration, the tribunal has the power to determine the admissibility, relevance, materiality and weight of any evidence (Article 19 of the Model Law, First Schedule of the IAA, Section 23(3) of the AA). She joined Mayer Brown in October 2022. Actual bias the court noted that "actual bias" would obviously disqualify a person from sitting in judgment. His technical knowledge is staggering and he always comes up with innovative solutions or arguments to problems that previously seemed to have no resolution.". There is an additional obligation on the claimant to take reasonable steps to serve the papers on the respondent as soon as possible and, in any event, within 28 days after the originating application is issued. BZW and another v BZV [2022] SGCA 1. proceedings under this Act in any court are to be heard in open court if the court, on its own motion or upon the application of any person (including a person who is not a party to the proceedings), so orders. The amendments were made to the Legal Profession Act and were required because lawyers governed by the Act would otherwise be proscribed from engaging in such arrangements. Hence, in relation to the IAA, the court of appeal in AKN v ALC (2015) SGCA 18 stated that courts must resist the temptation to engage with the legal merits of an award. International law firm Reed Smith has respected regional coverage within the international arbitration sphere, advising domestic and multinational corporations, as well as state-owned enterprises. Renowned Singaporean dispute resolution specialists, Drew & Napier are active on both commercial and investor-state mandates on behalf of a multinational clientele and increasingly sought after for the arbitration of matters of international public law. 1 Sep 2011 The Maxwell Chambers, Singapore Architect: Forum Architects Photographs: Albert Lim Maxwell Chambers is the world's first integrated dispute resolution complex which offers best-of-class hearing facilities. The section features arbitration counsel providing advice on the resolution of disputes by one or more neutral parties, either an arbitrator or an arbitration panel. The notice of arbitration should comprise: The claimant must also, at the same time, send a copy of the notice of arbitration to the respondent and it must notify the SIAC Registrar that it has done so, specifying the mode of service employed and the date of service (Rule 3.4 of the SIAC Rules). Breakpoint LLC | Dispute Resolution: Arbitration, "Chuan Thye's breadth of knowledge of the law never fails to impress. Mahesh Rai represents companies in natural resources, construction and other commercial disputes. Kevin Lim is an increasingly recognisable name in the Singapore arbitration scene, demonstrating key expertise advising international clientele on complex proceedings relating to energy, infrastructure and construction, among others. A sum directed to be paid under an award shall, unless the award otherwise directs, carry interest from the date of the award until the date of payment and at the same rate as a judgment debt (Section 20(3) of the IAA). The respondent, one of the creditors, objected on the basis that the third-party funding agreement prejudices the companys creditors and will expose the company to adverse costs orders and counterclaims. His forte is the practice of Criminal Law and civil dispute resolution. [1 March 2002] PART 1 PRELIMINARY Short title 1. He has key knowledge advising clients in the energy sector. Released today, the ICC Commission on Arbitration and ADR's latest report and guide will increase awareness of different dispute resolution techniques and on how to facilitate settlement of disputes in international arbitration.. Re-examination is permitted, but it is usually limited to matters raised in cross-examination. The legal representatives of the estate of a deceased, and trustees in bankruptcy, are also entitled to that partys rights under the arbitration agreement. SIAC arbitration awards have been enforced in many jurisdictions . The work covers the full course of a dispute, such as pre-trial negotiations, documentation and preparation for trial, summary judgment applications, trial, appeals and enforcement proceedings. Global Singapore Dispute Resolution: Arbitration: The English Bar The case involved a shipbuilding contract for the . This approach was affirmed by the Singapore Court of Appeal in PT First Media TBK (formerly known as PT Broadband Multimedia TBK) v Astro Nusantara International BV (2014) 1 SLR 372, and subsequently affirmed by the same court in Sanum Investments Ltd v Government of the Lao Peoples Democratic Republic (2016) SGCA 57. ICDR and Singapore's Maxwell Chambers. The IAA, which adopts the procedure set forth in the Model Law, nevertheless provides that arbitration proceedings are commenced when a request to refer a dispute to arbitration is received by the respondent (Article 21 of the Model Law). The firm is also especially noted for its mastery of construction sector disputes and frequent involvement in oil and gas and other natural resources sector arbitrations. This is because such a stay application would be premature the earliest point in time at which a stay application can be made is when a substantive claim has already crystallised. He has represented clients in disputes involving corporates and government entities. The arbitral tribunal may, however, admit a later plea if it considers the delay justified (Article 16(2) of the Model Law, First Schedule of the IAA and Section 21(4) of the AA). The team is respected for its broad range of expertise, including construction, investor-state and commercial proceedings. On appeal, in Bloomberry Resorts and Hotels Inc and another v Global Gaming Philippines LLC and another (2021) 1 SLR 1045, the Singapore Court of Appeal considered the potential absurdity that a party affected by fraud would be time-barred. The work covers the full course of a dispute, such as pre-trial negotiations, documentation and preparation for trial, summary judgment applications, trial, appeals and enforcement proceedings. have the parties expressly chosen the proper law of their arbitration agreement? With the high volume of international commercial arbitration and constant exposure to an array of arbitrators and counsel from both civil and common law backgrounds, the practice of arbitration in itself is evolving into something akin to a third legal tradition in Singapore. It works with market-leading companies in, among others, the energy and resources, financial services, hospitality and leisure, and international trade industries, and is particularly well regarded for its handling of construction-related arbitrations. This was emphasised by the Singapore Court of Appeal in Republic of India v Vedanta Resources plc (2021) SGCA 50. In addition, Neale serves as an adjunct professor at the Faculty of Law, National University of Singapore where he has taught arbitration and other international law subjects since 2003. Chambers Translation Company in Singapore provides the best Translation services in more than 100 languages. Braddell Brothers LLP is a Singapore-based boutique dispute resolution and prevention practice with a focus on local and cross-border litigation, international commercial arbitration seated in Singapore and in ASEAN, mediation and all forms of ADR. where substantial injustice has been or will be caused to a party. 9 Straits View#0607 Marina One West Tower018937Singapore. The new Section 22 provides as follows: Second, the amount of time a party has to serve court papers (eg, for setting aside an arbitral award) has been significantly reduced. Since the liberalisation of the rules, a few court judgments on the topic have emerged to shed light on aspects of the applicable regulations. He is notably active on LNG price review arbitrations. T07LL0439G, and a member of Dentons' global legal practice. The procedural rules agreed to by the parties, however, often provide for such matters. Hence, tribunal members who do not agree with the majority view in an award may issue dissenting opinions. In National Oilwell Varco Norway AS v Keppel FELS Ltd (2022) SGCA 24, the Singapore Court of Appeal reiterated the mechanistic approach to enforcement. His technical knowledge is staggering and he always comes up with innovative solutions or arguments to problems that previously seemed to have no resolution.". If, however, the tribunal is unable or unwilling to do so, its mandate will be terminated and a new tribunal will be appointed (Section 10(6)(b) of the IAA). These amendments track the areas covered by third-party funding: Conditional fee agreements are arrangements in which a lawyer receives payment of the whole or part of their legal fees in specified circumstances for instance, where the claim is successful. The firm is extensively engaged on arbitrations with connections to virtually all parts of the Asia-Pacific region, handling all stages of the arbitral process, including enforcement, and extolled for intense preparation and powerful advocacy. Singapore does not have a regime for class action proceedings in general. Singapores thriving arbitration landscape. In BNA v BNB (2019) SGHC 142, the High Court noted that the doctrine of separability is not an end in itself but simply a means to the ultimate end of giving effect to the parties manifest intention to arbitrate their disputes. Rather, the time-barred party in that scenario could explore other avenues, such as resisting enforcement of the award on the basis of fraud. The court of appeal, however, noted that disputes involving Section 216 of the Companies Act (Chapter 50) ie, those that relate to unfair prejudice or the oppression claims of minority shareholders do not generally engage public policy considerations, as they are essentially contractual in nature. His communications are plain and simple and he is always keenly aware of the details of the case, and thus provides helpful advice. The team is handling matters arising in such jurisdictions as Australia, Indonesia, Pakistan and South Korea. He has acted on cross-border disputes involving large corporates and government entities. He is recommended for his expertise in maritime matters in particular. A leading Singapore firm, Rajah & Tann is highlighted for its specialist arbitration practice and impressive regional range, extending to the Middle East, including especially notable coverage of Indonesia, Malaysia, Myanmar, Thailand and Vietnam and maintaining an acknowledged profile in Philippines-related matters. ICDR-AAA Singapore Asia Case Management Centre | ICDR.org Ltd. | Dispute Resolution: Arbitration. The Singapore Court of Appeal has in at least two cases allowed a partys challenge to a tribunals finding that it had jurisdiction and also allowed a partys application to resist enforcement of multiple awards. It should be noted that if the parties agree for any reason to dispense with the tribunal giving reasons for the award, such an agreement would include a waiver of the right to appeal against the award on a question of law (Section 49(2) of the AA). An arbitral tribunal cannot assume jurisdiction over non-parties to an arbitration agreement and non-signatories to the contract containing the arbitration agreement, subject to the following exceptions. The arbitral tribunal sought to justify its original position instead. The tribunal may also adopt an inquisitorial process (Section 12(3) of the IAA). Hogan Lovells has a talented Singapore team with experience in commercial arbitration proceedings across a range of jurisdictions in Asia and around the globe.
