On March 4, 2025, global dispute resolution experts, including Ng Jern-Fei KC and Quentin Loh SC, were invited by Zhenghan Law Firm to give a lecture on “Cross-border Dispute Resolution Core Issues: The AI Era of International Arbitration.” The event attracted many legal professionals for in-depth discussions.
Theme 1: Introduction to Singapore’s Dispute Resolution Mechanism
Speaker: Quentin Loh SC, former Presiding Judge of the Singapore Commercial Court and Senior Counsel. In 2017, Loh SC was appointed as an Honorary Bencher of Middle Temple and in 2018, he was appointed as an Adjunct Judge of the Supreme Court of Fiji. In the same year, he was also appointed as the Patron of the Singapore Branch of the Chartered Institute of Arbitrators. In 2015, he was in charge of the formation of the Singapore International Commercial Court (SICC) and was appointed as the Presiding Judge and a member of the Judicial Committee of the Expert Academy in 2020.
Loh SC systematically introduced Singapore’s arbitration, mediation, and litigation systems. He focused on the establishment of the SICC in 2015. As a department of the High Court’s General Division and part of the Supreme Court of Singapore, its establishment aims to meet the growing demand for effective resolution of transnational disputes through litigation. It is characterized by efficiency, lower litigation costs, and a panel of foreign judges with diverse legal backgrounds to meet the requirements of different jurisdictions.
Theme Two: Appropriate Limit of Court Intervention in Arbitration
Speaker: Ng Jern-Fei KC. Ng KC became one of the youngest Queen/King’s Counsel in the UK in 2018 and was invited to participate in the fourth seminar of the International Commercial Expert Committee of the Supreme People’s Court on September 25, 2024. In addition, Ng KC is also a member of the arbitration panels of the Hong Kong International Arbitration Centre (HKIAC), Shanghai Arbitration Commission (SHAC), and Shenzhen Court of International Arbitration (SCIA).
Ng KC analyzed the case of BZW & Another v BZV from the Singapore Court of Appeal to discuss the issue of court intervention in arbitration awards. He pointed out that the court should maintain an appropriate limit when supervising arbitration awards, neither over-intervening nor completely indulging. Ng KC also discussed the limitations of the principle of minimal court intervention and emphasized the importance of appropriate court intervention in arbitration. He suggested that the court’s intervention in arbitration should evolve from the “principle of minimal intervention” to the “principle of appropriate intervention” to better balance the relationship between the court and the arbitration tribunal.
Theme Three: Analysis of the Evidence System in International Arbitration
Speaker: Nathaniel Lai, Lawyer. Mr. Lai focuses on handling complex commercial litigation and international arbitration cases and has obtained practicing qualifications in both Singapore and New York.
Mr. Lai delved into the importance of evidence in international arbitration, detailed the International Bar Association (IBA) Rules on the Taking of Evidence in International Arbitration, and provided a comprehensive and detailed explanation of document production, witness and expert evidence, among others, combined with actual cases. In addition, he shared strategies for dealing with confidential or politically sensitive documents and the adverse consequences of failing to produce documents as required. This lecture provided valuable knowledge and practical guidance for participants to better understand and deal with evidence issues in international arbitration.
Theme Four: Sacofa Sdn Bhd v Super Sea Cable Networks
Speaker: Tan Jun Hong, Lawyer. Mr. Tan specializes in commercial litigation, international arbitration, arbitration-related litigation, shareholder and company disputes, and has obtained practicing qualifications in Singapore, England and Wales, and New York.
Mr. Tan delved into his participation in the Sacofa case, focusing on how to resolve conflicting dispute resolution clauses in multiple contracts and the application of the issue estoppel principle in previous enforcement proceedings. Through actual cases, he detailed the importance of determining the “centre of gravity” of disputes in international arbitration and how to coordinate dispute resolution mechanisms across different legal jurisdictions. In addition, Mr. Tan also shared his insights on handling public policy objections and the issue estoppel principle, providing valuable legal practice guidance for participants.
Theme Five: Trends in Accelerated Arbitration Procedures: Fast Track, Highly Fast Track, and Simplified Procedures
Speaker: Z.J. Jennifer Lim, Lawyer. Ms. Lim focuses on international dispute resolution and arbitration business and is an arbitrator in accordance with ICC and SIAC rules, as well as the Global Co-Chair of the Young Council of the Singapore International Arbitration Centre (YSIAC Council). She has practicing qualifications in Singapore, New York, the UK, and Hong Kong.
Ms. Lim introduced the rise and development trends of the expedited procedure, highly expedited procedure, and simplified procedure. She pointed out that the core goal of the expedited procedure is to reduce time and cost, efficiently resolve small disputes, promote judicial accessibility, and improve overall efficiency. She analyzed the key features and practical challenges of the expedited procedure through specific data and cases.
Ms. Lim also discussed the rise of the highly fast track procedure, especially the newly released UNCITRAL Model Clause on Highly Expedited Arbitration 2024, which aims to shorten the time for making awards from 6 months in fast arbitration to 45 days. She emphasized that the practical challenges of the expedited procedure include procedural fairness risks, time pressure on the arbitration tribunal, and the risk of award revocation, so it is necessary to find a balance between efficiency and due process.
After the lectures, participants had in-depth exchanges with invited experts and Zhenghan lawyers.
The lecture provided legal professionals with an opportunity for in-depth exchange and learning, allowing participants to gain a deeper understanding of the key issues in cross-border dispute resolution. It not only improved the professional proficiency of the participants but also laid the foundation for future cooperation in the field of cross-border dispute resolution. We look forward to more similar activities in the future to jointly promote the continuous development of the field of cross-border dispute resolution.