The Internationalisation of Arbitration Law: The Singapore launch of Mustill & Boyd on Commercial and Investor-State Arbitration (3rd edition)

Date & Time: 22 January 2025 (22 January: 5.30pm - 6.45pm)
Venue: Supreme Court Auditorium

 

Featuring the editor and co-authors of the third edition of Mustill & Boyd on Commercial and Investor-State Arbitration, this seminar will examine the extent to which there is a growing "internationalisation" or consensus of arbitration law in three particular areas. First, on questions of arbitrability, particularly in the light of the recent decision by the Court of Appeal in Anupam Mittal v Westbridge [2023] SGCA 1. Second, as to what the law applicable to the arbitration agreement should be where parties have not expressly chosen it, particularly in light of the UK Law Commission to fix the default law to be the law of the seat. Third, in relation to the interaction of national courts within a transnational legal system on arbitration-related matters.  

 



CPD Points : 1.5

Arbitration

Cases

CPD
+
-

Programme:

Time

Activity

5.00 – 5.25pm

Participants registration
Speakers arrive for tech check

5.30 – 6.45 pm

Presentation by:

  • Mr Justice David Foxton
  • Siddharth Dhar KC
  • Paul Tan

Response by:

  • Chief Justice Sundaresh Menon

Panel Discussion and Q&A:

Moderator:

  • Salim Moollan KC

Panellists:

  • Mr Justice David Foxton
  • Siddharth Dhar KC
  • Paul Tan

6.45 pm

Networking reception

Chief Justice Sundaresh Menon

Chief Justice Sundaresh Menon was appointed Chief Justice of the Supreme Court 
on 6 November 2012. 

Chief Justice Menon graduated with a Bachelor of Laws (First Class Honours) from 
the National University of Singapore in 1986 and a Master of Laws from Harvard Law School in 1991. He was admitted as an advocate and solicitor in Singapore in 1987, 
and as an attorney and counsellor-at-law in New York in 1992. 

After he was called to the Bar in Singapore, he practised with major local and 
international law firms, primarily as an advocate, in the fields of commercial litigation and arbitration, construction law and insolvency law. From 2006 to 2007, he served as a Judicial Commissioner of the Supreme Court. He was appointed Senior Counsel in 2008. In 2010, he was appointed the 6th Attorney-General of Singapore, a post he relinquished in 2012 shortly before his appointment as a Judge of Appeal. He was appointed to the Presidential Council for Minority Rights upon his appointment as Attorney-General in 2010 and was later appointed as its Chairman in 2012, upon his appointment as Chief Justice.
 
Between 2012 and 2020, Chief Justice Menon served on the Governing Board of the 
International Council for Commercial Arbitration, and he also served as a member of the International Chamber of Commerce Governing Body for Dispute Resolution 
Services from 2021 to March 2024. He is also an elected member of the American Law Institute, an Honorary Bencher of the Honourable Society of the Inner Temple in England and the President of the Singapore Academy of Law. Chief Justice Menon was conferred the Honorary degree of Doctor of Laws by the University of Western Australia in 2022 for his services to the law and by the National University of Singapore in 2024 for his outstanding service to the practice and adjudication of law. In 2024, he was also awarded the White & Case Distinguished Jessup Alumni Award. 

Chief Justice Menon is married with three children.

Salim Moollan KC 

 

Salim Moollan KC specialises in international commercial and investment arbitration. He has acted as Counsel in high profile investment arbitration cases (White Industries v. India, Philip Morris v. Australia, Cairn Energy v. India), and currently acts as lead Counsel in a number of prominent investment arbitrations for both States and investors. In the commercial field, he acts in high-value cases in (in particular) the energy and telecoms fields. He frequently sits as arbitrator in investment and commercial arbitrations. He is a past chairman of UNCITRAL, a past Vice-President of the ICC Court, a past member of the LCIA Court, a member of the World Bank’s ICSID Panel of Arbitrators and a former editor of the ICSID Law Review. He is also called to the Mauritian Bar and appears from time to time before the Mauritian Courts in complex and high value cases. He frequently appears in the Privy Council on issues ranging from civil law to administrative law and tax matters. He is a Visiting Professor in International Arbitration Law at King's College London. 

 

Mr Justice David Foxton

 

Mr Justice David Foxton became one of the judges of the Commercial Court in 2020. He is authorised to sit in cases in the Financial List and the Competition Appeal Tribunal. He also sits in the Administrative Court and other King’s Bench work, including crime.

 

Mr Justice Foxton studied law at Oxford University and King’s College, London. He was called to the Bar by Gray’s Inn in 1989. He practised as a barrister at Essex Court Chambers from 1989 to 2020, acting in a broad range of commercial disputes, and also accepted appointments as an arbitrator.

 

He was appointed a Recorder in 2009, and a Deputy High Court Judge in the Commercial Court and the Chancery Division in 2017. In 2020, he was appointed as a High Court Judge assigned to the Queen’s Bench Division (now King’s Bench Division) and nominated to sit as a Judge of the Commercial Court. In July 2024 he completed a two-year appointment as Judge in Charge of the Commercial Court.

 

Mr Justice Foxton is one of the editors of Scrutton on Charterparties and Bills of Lading, and he is the editor of the third edition of Mustill & Boyd on Commercial and Investor-State Arbitration.

 

 

Siddharth Dhar KC

 

Siddharth is an experienced advocate with a broad practice in significant commercial litigation and arbitration disputes. In recent years he has appeared in cases before the Supreme Court, Privy Council, Court of Appeal, all divisions of the High Court, and in very high value commercial and investment treaty arbitrations operating under a wide variety of institutional rules.

 

He has been described by clients in the legal directories as “an excellent advocate who presents complex matters very clearly”, a “charming and fluid advocate who knows his cases inside out” and as “someone you hear about as a star at Essex Court.” He is known as being “excellent to work with”. Siddharth is well recognised for his expertise in commercial arbitration disputes, in arbitration-related applications to the Commercial Court, in investment treaty claims (for investors or for States), and on a wide range of energy/natural resource- related matters.

 

 

Paul Tan

 

Paul Tan is an independent counsel with One Essex Court, specialising in international arbitration (commercial and investor-State), litigation (trials and appeals) and arbitration-related litigation. He regularly leads the advocacy for his clients. Paul is ranked as a leading lawyer in his practice areas and described in the following terms – “you cannot get anyone better than him”;  “an absolute star” and “a standout and gifted advocate.”  Paul is the co-author of three books on international arbitration: Mustill & Boyd: Commercial and Investor-State Arbitration (LexisNexis, 3rd ed, forthcoming); A Commentary on the Singapore International Arbitration Act (Oxford University Press, 2023) and The Law and Theory of International Commercial Arbitration in Singapore (Academy Publishing, 2022). Paul also co-chairs the ADR committee of the Law Society of Singapore and is currently a member of the Income Tax Review Board.

 

 

SILE Accredited CPD Activity
Number of Public CPD points: 1.5
Practice Area: Alternative Dispute Resolution
Training Level: General

SILE Attendance Policy

Participants who wish to obtain CPD Points are reminded that they must comply strictly with the Attendance Policy set out in the CPD Guidelines. For this activity, this includes signing in on arrival and signing out at the conclusion of the activity in the manner required by the organiser, and not being absent from the entire activity for more than 15 minutes. Participants who do not comply with the Attendance Policy will not be able to obtain CPD Points for attending the activity. Please refer to http://www.sileCPDcentre.sg for more information.

For enquiries related to this event, please email [email protected].

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