Singapore Maritime Arbitrators Association (SMAA) Lecture by Mr. Andrew Moran Q.C.

Organizer Name
Singapore Maritime Arbitrators Association (SMAA)
Location
Capital Tower, Singapore
Registration
Public event, registration required
Charge
SMAA Members: Free
Non-Members: S$50.00
Contact
Dhorqus Lim
dhorquslim@jtjb.com

A Structured Approach to Resolution of Conflicts of Evidence in Arbitration so as to Enable Drafting of a “Safe” Award Not to Be Set aside on Grounds of Lack or Insufficiency of Reasons (for Acceptance or Rejection of Evidence)

The lecture is intended to provide arbitrators (and arbitration practitioners) with a practical approach to the linked issues identified in the title. It will explore the “jury” function of fact -finding carried out by arbitrators based on the assessment of conflicting evidence placed before them. The aim is to elucidate in a structured way, processes of analysis and reasoning mostly carried out successfully and intuitively by arbitrators, by reason of their training and practice. Its additional aim by such elucidation however, is to aid in reinforcing and securing that intuitive approach and outcome, with authoritative illustration of where it derives from; and how it has developed.

The lecture will identify (shortly) the dangers for the safety of the award of allegations against arbitrators that they have failed to give any, or any sufficient reasons for their findings of fact on the evidence.

Finally, it will seek to demonstrate how economical articulation of the elucidated approach in the award, may be used to make it “judge proof” if not bomb proof!

As a most important aside in this region, it will be apparent that the derived approach to resolving conflicts of evidence stems from English common law and cultural conditions. In the time for questions and discussion, it is sincerely hoped and urged that those attending with wider experience of different legal and cultural influencing factors, will enlighten the presenter and others in the audience (who are committed and striving to be fair and effective arbitrators in the region), as to what else they must take into account in resolving conflicts of evidence here.

About the Speaker
Andrew Moran QC heads up Stone Chambers Singapore. He is a senior Queen’s Counsel, Arbitrator and Deputy High Court Judge, with extremely wide experience acquired during more than 38 years in practice (over 20 in silk), in civil, maritime and commercial litigation and arbitration. His Royal and Merchant Navy background and training coupled with wide experience of all types of commercial dispute, together with his training and experience as an advocate in numerous fields, has enabled him to act across a range of proceedings in all divisions of the High Court of England and Wales and in international arbitration.

Andrew’s range of experience is unique. He has appeared in courts ranging from the Admiralty Court to the most serious of cases in the Criminal Courts. By way of illustration, he has: conducted cases concerning maritime disasters both in the Admiralty Court and the Crown Court; conducted complex sale of goods litigation before the English Court of Appeal; appeared in one of the leading cases on bias in the House of Lords; acted in charterparty and bills of lading disputes, ship sale and purchase disputes, collision, unsafe port and salvage disputes; and yet also, in his early days at the Bar and in silk, he has prosecuted and defended murderers and fraudsters in the heaviest of criminal cases and acted in a wide variety of regulatory prosecutions. He has also acted in numerous professional negligence disputes. Thus he has a considerable range of advocacy skills and experience which can be deployed as almost any case or type of witness or tribunal might require and this forensic experience is now brought to bear in the commercial and maritime litigation and arbitration on which he now concentrates.

Being a former Royal and Merchant Navy Deck Officer he speaks and understands the language of mariners and those involved in the industry. He understands ships and shipping issues with ease (having navigated and berthed ships, personally loaded and discharged dangerous cargo, lashed containers to a deck and claused bills of lading!), He has substantial experience in financial and commodity market regulation, mainly in the City of London but also in other jurisdictions. He is a long-standing part time High Court Judge and arbitrator, both in the UK (LMAA supporting member) and in Singapore (SCMA panel member), entrusted with and appointed in the heaviest of commercial cases. His considerable recent experience in dealing with arbitrations and litigation (as advocate, arbitrator and High Court Judge) in cases involving activities as divergent.

As gold mining and telecoms in the emerging Eurasian Republics and reinsurance of pollution liabilities in North American rivers, is testament to the breadth of his skill and experience.

Andrew is recommended as a leading silk in Chambers & Partners UK Bar and the Legal 500.

His peers laud his “hard-working, dedicated and considered approach,” while clients appreciate not just the value of his considerable expertise, but also the sensitivity with which he approaches cases. Chambers & Partners UK Bar 2013

Since moving to Singapore in 2013, Andrew has already been appointed as arbitrator (in addition to his instructions as Counsel) in numerous arbitrations seated in Singapore and London by parties from all over the region including Singapore, Korea, Hong Kong, Australia, Malaysia, The Philippines and Indonesia. These include arbitrations proceeding under LMAA Terms, SCMA Rules, SIAC Rules, UNCITRAL Rules and in one case a so called “Hybrid”mix. The disputes subject to the references concern the following: ship sale and purchase, offshore construction, charterparty and bill of lading disputes (including claims for consequential loss in disrupted industrial processes) ship collision, “wreckhire” and salvage. Andrew is a member of the SIAC Panel of Arbitrators.

About the Chairman
Dato’ Benny is the Senior Partner of Joseph Tan Jude Benny LLP. He founded the firm in 1988, and has since been the architect of the firm’s growth.

As a reputable litigation lawyer, Dato’ Benny is constantly awarded personal accolades in legal circles. The Asia Pacific Legal 500 1999/2000 Edition described Dato’ Benny as “one of the best respected shipping lawyers in Singapore”. He was ranked one of the foremost shipping lawyers in the country by The Euro-Money Legal Group Guide and short-listed by Chambers Global Directory

2000 as one of the “Leaders in their Fields” of Shipping Law. In 2003, he was named in the Legal Who’s Who of Singapore, and Chambers Global Guide 2005 describes him as “…impressive and quick off the mark” and “old hand in the game, [who] knows every rule in the book and may have written a few himself”.

In 2012, Best Lawyers named Jude Benny as the Maritime Lawyer of the Year, 2012, for Singapore.

The firm’s success is largely attributed to Dato’s leadership. Over the years, he has developed the firm’s shipping and admiralty practice into one of the largest in Singapore, and the first to have a global network covering Greece, Indonesia, Thailand and Taipei. As reported by Tradenews, a publication by the Trade Development Board of Singapore, ” A major reason for Joseph Tan Jude Benny’s success is the fact that Dato’ Benny is regarded within legal circles as one of the world’s top maritime lawyers. His firm is well known in London, New York, Hong Kong and other maritime hubs” (Vol 5 Issue 3/2001).

Apart from being an appointed arbitrator in various arbitration institutions, Dato’ Benny has been instrumental in the development of arbitration in Singapore. As a Director of the Singapore Maritime Foundation, Dato’ Benny led a Working Group that established the Singapore Chamber of Maritime Arbitration in 2004. In 2009, Dato’ Benny led the Research Team that drafted the Singapore Sale Form, for the Sale of Vessels.

Featured Speakers

PhotoNamePositionCompany
Mr. Andrew Moran Q.C.Senior Queen's CounselStone Chambers Singapore

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Thank you to our industry partners for your strong support.

Mr. Lars Kastrup

CO-PRESIDENT & EXECUTIVE DIRECTOR, PACIFIC INTERNATIONAL LINES

Mr. Lars Kastrup is the Co-President and Executive Director of Pacific International Lines (Pte) Ltd (PIL).
Prior to joining PIL, Mr. Kastrup was CEO of NOL/APL, and subsequently assumed the role of Executive Vice President, Strategy and M&A at CMA CGM Group. A veteran in the global shipping industry with over 30 years of experience, Mr Kastrup’s other roles include Executive Vice President of Assets at CMA CGM Group heading up CMA Terminals, CMA Ships, Container Logistics as well as regional carriers such as MacAndrews, OPDR and Mercosul; as well as Vice President at AP Moller-Maersk.
Mr. Kastrup complemented his tertiary education with leadership and management training at Penn State University and The Wharton School at the University of Pennsylvania.

Ms. Angeline Teo

MANAGING DIRECTOR & HEAD, GLOBAL TRANSPORTATION & OFFSHORE, OCBC BANK

Ms. Angeline Teo is the Managing Director and Head of Global Transportation and Offshore, Global Corporate Banking at OCBC Bank which focuses on the maritime, aviation, land & port ecosystems.
Ms. Teo has spent over three decades in maritime finance. Prior to OCBC, Ms. Teo was working at ING Bank, ABN Amro and DnB in Singapore focusing on maritime and offshore.
Ms. Teo graduated from the National University of Singapore with a degree in Business Administration.

Mr. John Martin

CHIEF EXECUTIVE OFFICER, GARD SINGAPORE

Mr. John Martin began his career in London in 1989 with Richards Hogg Lindley Average Adjusters, and qualified as a Fellow of the UK Association of Average Adjusters in 2000.
At RHL he worked in their offices in Australia, Taiwan and Hong Kong. In 2003 he joined Gard Hong Kong, as a claims handler. Mr. Martin also worked in Gard Japan, and in 2014 he moved to Singapore to set up the Gard Singapore office.
Besides running Gard Singapore, Mr. Martin also heads the P&I and H&M claims units and is the Senior Claims Representative for Gard in Asia.

Mr. Cyril Ducau

CHIEF EXECUTIVE OFFICER, EASTERN PACIFIC SHIPPING

Mr. Cyril Ducau is the Chief Executive Officer of Eastern Pacific Shipping Pte Ltd, a leading shipping company headquartered in Singapore for the past 30 years.

He is also currently the Chairman of Kenon Holdings Ltd and a member of the board of directors of Gard P&I (Bermuda) Ltd. and of the Global Centre for Maritime Decarbonisation Limited, which was established by the Maritime and Port Authority of Singapore. He was previously Head of Business Development of Quantum Pacific Advisory Limited in London from 2008 to 2012 and acted as Director and Chairman of Pacific Drilling SA between 2011 and 2018.
Prior to joining Quantum Pacific Advisory Limited, Mr. Ducau was Vice President in the Investment Banking Division of Morgan Stanley & Co. International Ltd. in London between 2000 and 2008.
Mr. Ducau graduated from ESCP Europe Business School (Paris, Oxford, Berlin) and holds a Master of Science in business administration and a Diplom Kaufmann.