MoU signing betwen BAIAC and Thammasat University, Faculty of Law

May 6, 2021

SIGNING OF COOPERATION MOU BETWEEN THAMMASAT UNIVERSITY, FACULTY OF LAW AND BEIHAI ASIA INTERNATIONAL ARBITRATION CENTRE, SINGAPORE 1 May 2021. BAIAC and the Faculty of Law, Thammasat University (TU Law), Bangkok, have entered into a cooperation Memorandum of Understanding (MoU). Faculty of Law, Thammasat University is the oldest law school in Thailand and is highly regarded for producing the country’s eminent leaders and figures since its inception in 1934. Beihai Asia International Arbitration Centre (BAIAC) is a Singapore based arbitration centre established by the Beihai Arbitration Commission, focussing on international commercial disputes arising from ASEAN, China and the BRI countries. With the signing of the MoU, the parties hope to develop mutually beneficial cooperation in the area of arbitration training, education and research involving the ASEAN region with a focus on Thailand, Singapore and Guangxi. In addition, the parties would also be working on a pilot programme to train faculty members of TU Law as international arbitrators and experts.

Read more

S.K. Misra Memorial International Mediation and Negotiation Competition 2021

February 2, 2021

BAIAC is pleased to support the 2nd S.K. Misra Memorial International Mediation and Negotiation Competition, organised by Lloyd Law College, India to be held from 5-7 March 2021.

Read more

BAIAC inauguration of arbitrators, committee members and MoU signing with Chiang Mai University, Faculty of Law

December 29, 2020

On 28 December 2020, BAIAC held an online event to inaugurate the appointment of new arbitrators, committee members and MoU signing with Chiang Mai University, Faculty of Law.

Read more

Article: The Tribunal’s Power of Attorney to register an arbitral award in Indonesia

December 20, 2020

Indonesian law requires that arbitral awards must first be registered with the Indonesian courts before enforcement proceedings can commence. Crucially however, responsibility for registration lies with the arbitral tribunal, not the parties. If the tribunal does not undertake certain steps before it becomes functus officio, a party can find itself with a valid award that cannot be enforced in Indonesia.

Read more

BAIAC at the 15th National Mineral Conference and 2020 China Mining Industry Chain Conference, 25 November 2020

November 26, 2020

On 25 November 2020, Mr Zhu Jifan, Vice Chairman of Beihai Arbitration Commision and Executive Director of BAIAC was invited to deliver a keynote speech at the 15th National Mineral Conference in Hangzhou. The conference is hosted by China Collaborative Innovation Platform for Mineral Resources and Materials Applications, co-organized by Institute of Minerals, Chinese Academy of Geological Sciences, Chinas Geology Society, Beijing Endi Reserves Technology Development Co., Ltd. The theme of the conference is Close Integration of Production, Learning and Research, Scientific and Technological Innovation Leading the Way, Promoting Green Mining Development and Safeguarding Mineral Resources Security. As an integral part of the whole chain of the mining industry, arbitration plays a vital role in the development of mining industry and in going global. Mr Zhu Jifan in his keynote speech among others dealt with the advantages of arbitration in resolving mining disputes, Belt and Road Initiative and supporting Chinese enterprises going overseas. As mining subject matter is specialised, disputes arising from trading and investment in mineral resources are highly technical. The traditional means of judicial proceedings in the settlement of disputes arising in the process of trading and investing in mining resources through courts are limited by the jurisdiction of the region, lack of mining industry experts, long litigation cycle, high litigation costs and other issues. Thus, it is difficult to truly meet the inherent needs of the mining players in the dispute resolution of such disputes arising. Mr Zhu also commented that Beihai Arbitration Commission has established mediation – arbitration mechanism for mining dispute resolution, in realizing the seamless connection between mediation and arbitration in mining dispute settlement mechanism. In addition, Beihai Arbitration Commission has established a Mining Arbitration Professional Committee, and appointed Academicians Pei Rongfu and Chen Yuchuan as the lifetime advisors of the Expert Advisory Committee. And invited a group of mining industry experts and mining professional legal experts to form a mining arbitrator team, at the same time to set up a special mining arbitration mediation expert pool.  

Read more

Appointment of new Committee Members

October 1, 2020

1 October 2020: Singapore BAIAC is pleased to announce the appointment of four new Committee Members for the term 2020-2023: Justice Dr Benjawan Tangsatapornpan – Dr Tangsatapornpan is the former Executive Director of Thai Arbitration Institute (TAI) and a judge of the Office of the President of Supreme Court. She teaches in various leading universities in Thailand. In her role with the government, Dr Tangsatapornpan participated in important legislative draftings, as the representative of the office of the judiciary in the consideration of the Council of State regarding to be the member of CISG Convention, drafting of the Contracts for the International Sale and Purchase of Goods Act, and as ad hoc committee member in the drafting of various regulations. Padma Shri Dr T.K. Viswanathan – Dr Viswanathan is a legal luminary who has held various positions in the academia, Government of India and in Lok Sabha. During his four decades of his career he has served as a lawyer, as a Professor of Jurisprudence and as Secretary to Government of India in the Ministry of Law & Justice and as Secretary General of Lok Sabha. He has drafted many important landmark legislations over the past two decades and the Government has immensely benefitted from his expertise in legislative drafting and in parliamentary and constitutional matters. Dr Viswanathan was consultant to the former President of India, Shri Pranab Mukherjee and at present the Director in the Pranab Mukerjee Foundation. He was awarded Padma Shri in 2017 by the President of India. Professor Dr Munin Pongsapan – Dr Pongsapan is the Dean of Thammasat University, Faculty of Law. He is currently also Chairman of the Council of Legal Education, an association of leading Thai law schools, and a member of Thailand’s regulatory impact assessment board. He has taught, researched, and published extensively in the areas of private law, especially contract and obligations law, comparative law and Thai legal history. His expertise focuses on breach of contract and contract interpretation. He has edited some of Thailand’s most authoritative texts on contracts and obligations, including two gigantic volumes on juristic acts and obligations written by Professor Seni Pramoj. Between 2013 and 2019, he was the founding Director of the International LLB Programme in Business Law at Thammasat University, which is Thailand’s first and only undergraduate programme in law entirely taught in English. Mr Andreas Wehowsky – Mr Wehowsky is a Swiss lawyer with the leading Swiss law firm Schellenberg Wittmer, focussing on international arbitration and litigation. He is currently also finishing his PhD thesis on expedited and summary proceedings in international arbitration at the University of Zurich. He holds LL.M. degrees from the University of Hong Kong (with a focus on international arbitration) and the University of Zurich. He previously also gained experienced at HKIAC and regularly publishes in his areas of interest, with a focus on international arbitration in Southeast Asia. Prior to joining Schellenberg Wittmer, he has worked for the international arbitration and litigation teams of magic circle law firms in Switzerland and Singapore. In this capacity he has already been involved in a wide range of disputes such as construction, […]

Read more

Signing of Cooperation MoU with the Israeli Institute of Commercial Arbitration

September 30, 2020

30 September 2020: Beihai, Tel Aviv and Singapore The e-signing of cooperation of Memorandum of Understanding between BAIAC and the Israeli Institute of Commercial Arbitration (IICA) took place today. IICA was founded by the Federation of Israeli Chambers of Commerce. It is the first institution in Israel for arbitration and dispute resolution and has become the leading arbitration and dispute settlement Institution in Israel. The Arbitration Institute is the only public institution in Israel in the field of arbitration. Signing for IICA was President Adv. Menashe Cohen and witnessed by Chairman of IICA Adv. Uriel Lynn, who is also the President of the Federation of the Israeli Chambers of Commerce and the Tel Aviv and Central Israel Chamber of Commerce. President of BAIAC Prof Steve Ngo signed the MoU on behalf of BAIAC witnessed by committee members and guests present this evening. Through the cooperation, the parties would like to further develop international arbitral capabilities building upon the existing good trade ties between Singapore, Israel, ASEAN and China. The cooperation with also focus on disputes arising from intellectual property and technology sectors such as fintech, biotech and other related aspects. Joining from Beihai that evening was Mr Zhu Jifan, Executive Director of BAIAC and Vice-Chairman of Beihai Arbitration Commission. Good wishes and “Mazal Tov” to this cooperation.

Read more

Signing of Cooperation MoU with Thai Arbitration Institute

September 1, 2020

1 September 2020 : Bangkok, Singapore and Beihai. The e-signing of cooperation Memorandum of Understanding between BAIAC and Thai Arbitration Institute (TAI) took place today on 1 September 2020. The TAI is an arbitral institution under the supervision of the Office of the Judiciary, Kingdom of Thailand. Signing for Thai Arbitration Institute was Justice Sarawut Benjakul, Secretary General of the Office of the Judiciary and witnessed by Justice Dr Supakit Yampracha, Vice Secretary General of the Office of the Judiciary; and Justice Dr. Benjawan Tangsatapornpan, Executive Director of the Thai Arbitration Institute.   The collaboration entails people-to-people exchange in terms of regional capacity development of arbitrators and arbitral experts, cross recommendation of arbitrators, training and seminars in relation to ASEAN-China and provision of case management support in Singapore, Bangkok and Guangxi. President of BAIAC Prof. Steve Ngo signed the MoU on behalf of BAIAC witnessed by committee members Mr Anthony Cheah Nicholls and Mr Aloysius Wee. Joining from Beihai are Mr Zhu Jifan, Executive Director of BAIAC and Vice-Chairman of Beihai Arbitration Commission; and Mr Mo Jianping, Secretary-General of Beihai Arbitration Commission.

Read more

COVID-19 International Arbitration Protocol

May 1, 2020

Beihai Asia International Arbitration Centre in Singapore (BAIAC) and Eversheds Harry Elias respond to COVID-19 with International Arbitration Protocol Singapore, 1 May 2020 In response to the current COVID-19 global pandemic, the Beihai Asia International Arbitration Centre (BAIAC) and Eversheds Harry Elias today introduced the COVID-19 International Arbitration Protocol (“the Protocol”). The outbreak of COVID-19 has caused an unprecedented scale of global business interruptions and will likely to lead to commercial disputes for many individuals and businesses. Considering the varying circumstances of parties, the pressing resolution of their disputes may be essential. Believed to the first of its kind, the Protocol provides a viable option enabling parties to access private arbitration as a flexible and expedient alternative to court litigation, especially where access to the latter is not readily unavailable. In essence, the Protocol provides for submission to international arbitration under the Singapore International Arbitration Act (Cap. 143A) with BAIAC acting as appointer of arbitrator. The Protocol shall operate for six (6) months from 1 May 2020 to 31 October 2020 and may be extended. BAIAC’s President Professor Steve Ngo said “I reiterate the need to make arbitration, makes sense again. Following the unprecedented COVID-19 outbreak, we hear the views from those in the international business community as regards the deluge of disputes that may come. When approached by Mr Shaun Leong, Partner of Eversheds Harry Elias to collaborate in introducing the Protocol, I immediately appreciate the need to respond to this by doing our small part. In fact, the former United Kingdom’s Supreme Court president, Lord Neuberger recently also warned about potential overwhelming number of commercial cases due to the pandemic.[i]” He further added that “I particularly appreciate Mr Leong’s foresight, who has had an exemplary record in the judiciary including his involvement in the formation of the Singapore International Commercial Court prior to private practice, where today he is widely recognised as a leading dispute resolution practitioner.” Mr Shaun Leong, Partner at Eversheds Harry Elias said: “With a poor global economic outlook caused by the pandemic, it is inevitable that the incidence of international commercial disputes would increase. At the same time, national courts all over the world have shut down temporarily or significantly reduced their operations, in a bid to control the outbreak. Some countries have imposed moratorium against commencing court actions in a bid to help businesses tide over these challenging times (which make perfect sense for many businesses). Moving forward, it is evident that national courts in different parts of the world would be re-opening gradually, only to face a significant logjam of cases accumulated months prior. For many businesses, not being able to resolve their disputes expediently is actually detrimental to their businesses, and impedes their ability to pull through this economic crisis. When faced with a dispute, businesses invariably are predominantly concerned with the worst (or best) outcomes. Where there is a dispute, there are businesses that would rather deal with it now, than to have to wait for a prolonged period of time. Likewise, if there is a loss that the business is going to suffer, many businesses would rather know it […]

Read more

BAIAC Year end cocktail

December 3, 2019

On 2 December 2019, BAIAC held its year end evening cocktail which was well attended by distinguished guests locally and regionally, amidst heavy downpour. Conducted in a private bar in the Victoria Concert Hall, retired Malaysian Court of Appeal Judge now in private practice, Dato’ Varghese Abraham gave a most enlightening evening talk on his experience dealing with arbitration from the bench to the bar. During the cocktail, BAIAC’s President Prof. Steve Ngo also announced the Rules of Arbitration after extended consultation with various stakeholders and potential users. It also unveiled its inaugural panel of arbitrators and mediators. The Arbitration Rules of BAIAC adopts the UNCITRAL (United Nations Commission on International Trade Law) Rules of Arbitration with modifications to include a provision for “Small Claims Procedure” for disputes not exceeding S$100,000. Such procedure provides for abbreviated proceedings. Among others for such proceedings, the arbitral tribunal will be expected to conduct the arbitration for the parties and to provide a draft arbitration award within 60 days from end of hearing. BAIAC will provide a cost efficient fee structure for such proceedings. This is very much in line with BAIAC’s aim of providing alternative arbitration services to small and medium enterprises and also in response to the industry’s common grievance about high cost in arbitration. BAIAC also unveiled its inaugural panel of arbitrators and mediators. With gender and generational diversities in mind, the panel also comprised of senior regional practitioners who are committed to guiding the younger generation of practitioners which includes arbitration luminaries such as Mr Francis Xavier, Senior Counsel, Regional Head (Dispute Resolution Group) of Rajah & Tann, and CIArb’s Global President for 2020; Dato’ Jude Benny, well-known shipping arbitrator and lawyer; Dato’ Varghese Abraham, retired Malaysian Court of Appeal Judge; Ms Chia Yong Yong, Singaporean lawyer, disability advocate and former Nominated Member of Parliament; Mr Rengarajoo Balasamy, veteran mediator and arbitrator; and young arbitration stars such as Mr Shaun Leong, Partner for International Arbitration at Eversheds Harry Elias LLP who previously served in a judicial capacity with the Singapore High Court and Ms Yvette Anthony, Partner, Braddell Brothers LLP. BAIAC looks forward to further engagement with local and regional arbitration practitioners as well as developing the “Resolve in Singapore” proposition through collaborations in the region with other arbitral institutions as well as the public and private sectors.

Read more