Arbitration Guides for Parties

These guides are to assist parties by answering questions such as:

  • Which Arbitration Legislation Applies?
  • Is the Judiciary Supportive of Arbitration?
  • Is there a National Arbitration Centre?
  • What are the Requirements for a Valid Arbitration Agreement? 
  • Is Confidentiality Projected?
  • Can Arbitral Awards be Appealed or Set Aside? etc

Singapore Arbitration Guide

The Singapore Arbitration Guide includes commentary on the Singapore International Arbitration Centre's ("SIAC") amendments in its 6th edition of its Rules, which SIAC published on 4 July 2016, and which become effective on 1 August 2016.  The SIAC's amendments in its 6th edition include "delocalising" the rules from Singapore as the seat, provisions for early dismissal of claims and defences, and a comprehensive regime for joinder of parties and consolidation of proceedings. Parties should review both their existing arbitration agreement, and draft any future arbitration agreements taking account of the recent changes.

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Australian Arbitration Guide

Under development

Articles and Case Notes

What is the Malmaison Approach?

This article discusses one aspect of the "Society of Construction Law Delay and Disruption Protocol" relating to the Contractor's entitlement for extension of time for concurrent employer caused delay.  In the examples provided in Appendix D of the Protocol on the application of core principles, the situation illustrated in Figure 9 allows the Contractor an extension of time for an Employer caused concurrent delay, notwithstanding the Contractor is in critical delay.  This article considers (a) whether the English case law, including the decision in Malmaison , supports this proposition, and (b) whether the "prevention principle" justification for Figure 9 set out in the Protocol is supported by case law.

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Copies of Selected Publications / Presentations

"Latent Conditions and the Experienced Contractor Test"

Presented to the Institution of Engineers, Australia, Perth, 29 January 2019, and to the Resolution Institute, Perth, 12 February 2019.

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"Comparative Analysis of Joinder and Consolidation Provisions of Leading Arbitral Rules", Journal of International Arbitration, Volume 35 (2018), Issue 2, pp173-202

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"The Complexity Test under the Construction Contracts Act 2004 (WA)"

Presented to the Resolution Institute Masterclass in Adjudication, Perth, 21 October 2017

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"Latent Conditions and the Experienced Contractor Test"

International Construction Law Review, October 2016

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"Offshore Construction Disputes"

Presented at the Offshore Construction International Seminar, London, Sydney, Melbourne, Brisbane, Perth, Society of Construction Law, 21 September 2016.

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"The Supreme Court of Western Australia Decision in CMA Assets Pty Ltd v John Holland Pty Ltd"

Presented at the Resolution Institute, Perth, on 17 August 2016

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"The Emergence of Emergency Arbitrations"

Originally published in the Arbitrator & Mediator Journal, December 2015, but updated on 12 August 2016 to reflect amendments to the SIAC Rules which came into effect on 1 August 2016.

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"International Commercial Arbitration in Asia-Pacific: A Comparison of the Australian and Singapore Systems"

CIArb Journal, Arbitration, Vol 77, Number 1, 2011

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"Challenges to Liquidated Damages for Delay"

Presented at the Hong Kong Construction Law Society International Conference, December 2010

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"Chinese Bilateral Investment Treaties - Restrictions on International Arbitration""

CIArb Journal, Arbitration, Vol 76, Number 1, February 2010, at p58"

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"An Introduction to Investor-State Arbitrations"

International Trade and Business Law Review (2010) Vol XIII

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"Enforcing DAB Decisions under the FIDIC 1999 Red Book"

Singapore Society of Construction Law Newsletter, September 2009

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"The FIDIC EPC Conditions of Contract (the ‘Silver Book’) – the Criticisms”

Presented at the Singapore Construction Law Society First International Conference, 15 October 2006.

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"The 'Prevention Principle' and Conditions Precedent: Recent Australian Developments"

International Construction Law Review, July/August 2002.

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"The Resource Management Act  1991: 'A Biophysical Bottom Line' vs  'A More Liberal Regime' : A Dichotomy?"

Canterbury Law Review, Volume 6, Number 3, 1997

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