About the Event

In Singapore arbitrations generally, but particularly in the maritime field, English law frequently governs the merits, usually because of an express choice of law in the applicable contract. This talk will consider the nature of an arbitrator’s obligation to decide cases in accordance with the law and its relationship to the formal doctrine of precedent in the English courts, where English law indeed governs the merits, examining the matter both from a theoretical perspective and also with an eye on the practical issues that arise.

There are difficulties with the view that arbitrators are subject to the doctrine of stare decisis under English law, so as to be bound to follow prior judicial decisions; but to claim that they are not is also difficult without a “declaratory theory” of English common law. The talk will consider the arguments and will also consider whether the (English) Arbitration Act 1996 supports any particular solution as being correct and whether (if the seat of arbitration is Singapore) the (SIngapore) International Arbitration Act 1994 offers any assistance.

In considering the arguments, the practical realities will be identified, with a particular focus on how an arbitrator might react to a prior judicial decision they consider to be ‘bad law’. Should he follow it, and so issue an Award he believes gives the wrong answer to the case before him? Or should he not follow it, explaining in his reasons why he considers it bad law, and so issue an Award he believes to be correct?

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2 Jun 2014, Monday
3:00 pm - 5:00 pm

Rodyk & Davidson LLP, UOB Plaza, Singapore

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Public event, registration required

SCMA Members: Free
Guests/Public: S$10.00

Tammy Tan
+65 6324 0552
tammy@scma.org.sg

About the Organizer

The Singapore Chamber of Maritime Arbitration (SCMA) was originally established in November 2004 and was under management by the Singapore International Arbitration Centre (SIAC). Acting on industry feedback, the SCMA was reconstituted in May 2009 and started functioning independently, with funding from Singapore Maritime Foundation.

The aim of the SCMA is to provide a framework for maritime arbitration which is responsive to the needs of the maritime community. The SCMA has members drawn from all sectors of the maritime community internationally and there is no distinction in the class of membership or their entitlements.

Management of the SCMA is overseen by a board of directors, led by Chairman, Mr. Goh Joon Seng.