Editorial: Arbitration in Singapore

01 October 2007

Commercial arbitration has been recognised for some years as a viable alternative to the court system, and the confidentiality, speed and international dimension it offers contribute to its ongoing popularity. This chapter identifies 14 individuals, whether acting as neutrals, panellists or counsel or combining these roles, that are leaders in arbitration.

Drew & Napier LLC finds two of its partners listed in this chapter. Davinder Singh SC is chief executive officer of the firm, and a “highly rated and capable individual” in the eyes of our sources. Singh is one of only four individuals to appear as a leader in four separate chapters of this publication, and he is “one of the biggest names in Singapore”. He recently successfully obtained an award relating to a S$25 million dispute regarding the construction of a desalination plant. His colleague Jimmy Yim SC is managing director of the litigation and dispute resolution department. A fellow of the Singapore Institute of Arbitrators and a regional arbitrator with the Singapore International Arbitration Centre (SIAC), he has a “very high profile in this area, and deservedly so”. He has acted as counsel in numerous arbitrations under SIAC, International Chamber of Commerce (ICC) and United Nations Commission on International Trade Law (UNCITRAL) Rules, and has experience in a range of disputes, including those regarding energy projects, construction, pharmaceutical contracts, distributorship agreements and joint-venture contracts.

Two individuals from the Arbitration Chambers are featured among the leaders in this field. The “tremendously experienced” Alan Thambiayah has acted as chairman, sole arbitrator and co-arbitrator in more than 70 international disputes involving trade and investment, and construction and engineering, among other areas. His “international pedigree is not in doubt”, and he has participated in arbitrations in Singapore, Hong Kong, Malaysia, Pakistan, India, London and Paris, with total sums claimed in excess of US$500 million. Lawrence Boo is a “very well-known name”, and is the deputy chairman of SIAC. He has sat as arbitrator in more than 150 arbitrations, and is on the panel of international arbitrators and mediators of the American Arbitration Association (AAA), the China International Economic and Trade Arbitration Commission (CIETAC) and the Hong Kong International Arbitration Centre HKIAC), among others, and is also Singapore’s representative to the UNCITRAL working group on arbitration and conciliation. An “internationally renowned figure”, he was consistently recommended to our researchers.

Several other individuals made the grade. The “very effective” Christopher Lau SC is a consultant at Alban Tay Mahtani & de Silva, and is well known for his work in maritime, construction and commercial law in particular. He has acted in arbitrations in Singapore and overseas, on disputes involving mechanical and engineering works in a major commercial building, the construction of a glass furnace in South Asia and insurance cover for oil well drilling in South-East Asia, among others.

Formerly of Allen & Gledhill and now a solo practitioner, Michael Hwang SC is the most highly nominated individual in the research, and a “quite outstanding lawyer”. He received multiple nominations from within Singapore and overseas, and is “an illustrious figure” in the local market. Vice chairman of International Court of Arbitration of the ICC since 2006, he was also vice chairman of the International Bar Association’s arbitration committee and an accredited arbitrator of 16 national arbitration centres.

Sundaresh Menon is the senior partner of Rajah & Tann, and “one of the foremost arbitration experts in Singapore”. He has experience of cases under ICC, the UNCITRAL, SIAC, HKIAC and London Court of International Arbitration Rules and is a member of the Main Panel of Arbitrators of SIAC and of the Panel of Arbitrators of the Beijing Arbitration Commission, in addition to being a Fellow of the Singapore Institute of Arbitrators. Like the majority of featured individuals in this chapter, senior partner of WongPartnership Alvin Yeo SC also ranks as an expert in other areas within this book. Known both domestically and overseas, he has experience of arbitrations in Singapore, Malaysia, Thailand, Indonesia and Brunei. Well known for his work on behalf of a global energy conglomerate in an international arbitration under the UNCITRAL Rules in relation to damage caused to its offshore crude discharging facilities, he is a member of the SIAC's main panel of arbitrators and a Fellow of the Singapore Institute of Arbitrators.

Justyn Jagger at DLA Piper is “certainly a leading arbitration practitioner in Singapore” according to his peers, and he also garnered enough positive feedback to appear among the leading insurance experts in this book. “Highly experienced” in this area, he has conducted a range of ICC, SIAC, UNCITRAL, LCIA and ad hoc arbitrations both in Singapore and across Asia, particularly relating to construction, insurance and reinsurance disputes. Other international firms also boast impressive arbitration capability. Norton Rose LLP’s Guy Spooner is responsible for the firm’s arbitration practice in Asia and is “fantastically skilled”. He specialises in disputes related to energy, international trade, infrastructure and shipbuilding, among others. John Savage leads Shearman & Sterling LLP’s international arbitration practice in Asia and is a “very fine lawyer”. He has represented clients including governments, corporations and individuals in over 60 international arbitrations, and was particularly recommended for his work on construction and investment treaty disputes. In addition, he was also commended to researchers for his work as chairman, sole arbitrator and co-arbitrator in ICC, SIAC and ad hoc arbitrations.

G Pannir Selvam leads the civil litigation and arbitration department of Haq & Selvam. Well known for his work as both counsel and arbitrator, he is also an “acknowledged authority” on the registration of foreign arbitration awards. His local renown is due in part to his appointment as judicial commissioner in 1991 and subsequent appointment as judge of the Supreme Court, a post he held until 2001. Chelva Rajah SC heads the M/S Tan Rajah & Cheah dispute resolution team. An “eminent arbitrator who commands huge respect”, he is a former president of the Law Society of Singapore and is on the SIAC panel of accredited arbitrators. Warren Khoo of Warren Khoo Arbitration Chambers is a former chairman of SIAC and has been the Singapore delegate to the UNCITRAL Working Group on Arbitration since 2000. “One of the major figures in Singapore arbitration”, he ranks high in our research.

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