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Associates from Breakpoint LLC visiting LANDING to share insights on China-related Arbitration
Time:2024-03-15
Location:
Sharing:

English version translated by Xinyuan XU (Wayne)

 

On the morning of Mar. 15, 2024, associates from Breakpoint LLC visited the Shanghai Landing Law offices for exchange and conducted a seminar on “How Singaporean Courts Handle China-related Arbitration Awards”.

Nicholas Poon, founder of Breakpoint LLC, Darius Chan, the Partner of Breakpoint LLC, Wendy Wang, the representative of Breakpoint LLC in China, and partners and associates of LANDING engaged in discussions on the issue of Singapore international arbitration through both online and on-site participation. The seminar was hosted by LI Yueqing, the director of Department of international investment and trade of LANDING and LIU Yixing, director of LANDING global management committee delivered a speech.

Director LI Yueqing warmly welcomed the associates from Breakpoint LLC and provided a brief introduction to both the Breakpoint and the two guest speakers.

Next, Director LIU Yixing delivered a speech and expressed anticipation for the sharing by the two guests today. Director LIU mentioned that arbitration awards from the Singapore International Arbitration Centre (SIAC) are widely recognized and enforced globally. Currently, almost all significant contracts within the Chinese-speaking world opt for Singapore arbitration as a method of dispute resolution. Therefore, we should enhance the training of foreign-related lawyers and strengthen their learning and understanding of international arbitration rules.

Before the sharing, Wendy Wang, the representative of Breakpoint LLC in China, introduced that Breakpoint is a professional law firm specialized in international investment, commercial dispute resolution, international arbitration, mediation, and advocacy. The two guest speakers have extensive experience in international arbitration, cross-border investments, and commercial disputes resolutions. In recent years, Breakpoint LLC has paid close attention to the needs of Chinese clients and hopes that this sharing can build a bridge for communication with Chinese lawyers.

Darius Chan, the Partner of Breakpoint LLC, started the sharing by introducing the background of Singapore arbitration law and cited three related case studies. The cases covered the following issues:

1.The jurisdictional issue of an arbitration tribunal when the arbitration clause is unclear or specifies a non-existent arbitration institution.

2.Whether the “principle of natural justice” can be invoked without limitation during the arbitration process.

3.Whether the parties in dispute can enter into a new contract and agree on new arbitration terms to replace the original arbitration terms stipulated in the original contract.

Nicholas Poon, founder of Breakpoint LLC, shared case studies regarding the following issues:

1.Whether a third party with economic interests but no legal interests in the case can intervene in the arbitration process.

2.In the situation where a party waives its right to object during the arbitration process, whether they can later invoke this right to set aside the arbitration award after its issuance.

3.In the enforcement of an arbitration award involving a third party, whether the third party can request the parties of the arbitration to disclose relevant documents regarding the arbitration process.

After the sharing, LANDING lawyers and the two guest speakers engaged in an in-depth discussion about practical issues encountered in their work. This exchange not only deepened the understanding of Chinese lawyers regarding Singapore international arbitration rules and practices but also fostered communication between Singaporean and Chinese lawyers.

After the sharing, LANDING lawyers and the two guest speakers engaged in an in-depth discussion about practical issues encountered in their work. This exchange not only deepened the understanding of Chinese lawyers regarding Singapore international arbitration rules and practices but also fostered communication between Singaporean and Chinese lawyers.

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