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The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration - Chapter 9 - The UNCITRAL Model Law and the Pro-arbitration Approach: Judicial Internationalism and International Interpretation -- The Singapore Experience

Author(s): 
Quentin Loh
Page Count: 
34 pages
Published: 
August, 2013
Jurisdictions: 
Singapore
Practice Areas: 
Court Decisions,
UNCITRAL Model Law,
Jurisdiction and Powers of the Courts in Matters of Arbitration Generally
Author Detail: 

Quentin Loh is a Judicial Commissioner of the Supreme Court of Singapore (appointed on September 1, 2009) and a Supreme Court Judge (appointed on 1 June 2010). Prior to his joining the bench, he was the Deputy Managing Partner of Rajah & Tann LLP from December 2003 to August 12, 2009. He was a key member of its international arbitration group as well as head of the Construction & Projects and Insurance and Reinsurance practice groups. Prior to joining Rajah & Tann in 2001 as a member of its Executive Committee, he was Managing Partner of Cooma, Lau & Loh, a firm he co-founded in 1978. He was appointed Senior Counsel in 1999. Besides appearing as counsel in numerous domestic and international arbitrations, Mr. Loh has also sat as arbitrator in domestic and international arbitrations. Until his appointment as a Judicial Commissioner, he was also a founding director of Maxwell Chambers, a dedicated building in Singapore for holding arbitrations.

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Description: 

Originally from: UNCITRAL Model Law After Twenty-Five Years: Global Perspectives on International Commercial Arbitration

INTRODUCTION

Singapore, a small country without any natural resources, exists because it knows it must remain relevant and find its niches in the world economy. In its initial 140 years, it owed its existence to commerce and trade, mainly entrêpot trade. Today it has diversified into many sectors, including services such as banking, finance, medicine, education, public administration, and the legal, accounting, architectural, and engineering professions.

Singapore has always had and continues to have an ethos of looking beyond its shores to shape its internal development. It is no coincidence that Singapore readily welcomed arbitration as a means of alternative dispute resolution. It was seen as an adjunct to trade and commerce and was never looked upon with hostility or as a threat to the jurisdiction of the courts. When The Nema guidelines1 were pronounced by the UK House of Lords, they were readily adopted in Singapore without fuss or fanfare. Following from that, even in the context of domestic arbitrations,2 the court held that if the principle of law was settled, then even if an arbitrator made an error in its application, no appeal lay to a court.3

Table of Contents: 

PART IV: JUDICIAL PERSPECTIVES ON INTERNATIONAL INTERPRETATION

Chapter 9
The UNCITRAL Model Law and the Pro-arbitration Approach: Judicial Internationalism and International Interpretation-The Singapore Experience
Quentin Loh