Selected Essays on International Arbitration

776 Pages·2013·2.49 MB·English

Selected Essays on
International
Arbitration
Michael Hwang S.C.

SELECTED ESSAYS ON
INTERNATIONAL ARBITRATION

SELECTED ESSAYS ON
INTERNATIONAL ARBITRATION

Michael Hwang SC
BCL, MA (Oxon);
Sometime Gordon Warter Scholar, Pembroke College, Oxford;
Sometime Visiting and Adjunct Professor, National University of Singapore;
Senior Counsel, Supreme Court of Singapore;
Chartered Arbitrator;
Chief Justice, Dubai International Financial Centre Courts
WITH THE ASSISTANCE OF
Eunice Chan Elaine Lim
LLB (cum laude), LLB (Hons),
Singapore Management University; National University of Singapore;
Advocate and Solicitor, Singapore Advocate andSolicitor, Singapore

2013
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COPYRIGHT
© 2013 Michael Hwang SC.

Published by Academy Publishing.

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ISBN 978-981-07-7902-3
This book is dedicated to
my wife and sons
for their love and support
and
the MH Alumni
for their enduring friendship.

FOREWORD BY DR MICHAEL PRYLES*
The Singapore International Arbitration Centre is delighted to publish this
volume of essays written by Michael Hwang to celebrate his 70th birthday.
It brings together in one convenient format a number of the significant
articles and chapters of books he has previously published on aspects of
international arbitration.
Michael Hwang is an institution in arbitration, but, more than that, he is
an accomplished lawyer, advocate, judge and diplomat as well as
arbitrator. He has had a most distinguished career. It may not be widely
known, but Michael was born in Sydney, Australia. To me this perhaps
accounts for his enormous energy and success. His family had fled to
Australia during the Second World War as the Japanese approached
Singapore. After completing school Michael read law at Oxford University
and then returned to Sydney where he taught at the Law Faculty in the
University of Sydney. However, the pull of Singapore was strong and in
due course he returned to his family roots. Throughout his career Michael
has always been strongly supported by his charming wife, Laura, who has
been a pillar of strength.
In Singapore, Michael joined the firm of Allen & Gledhill, becoming Head
of the Litigation Department. In 1997, he was appointed one of the first
12 Senior Counsel of the Supreme Court of Singapore. He retired from
the firm at the end of 2002 to establish an independent practice as a
Barrister and Chartered Arbitrator.
Michael has also held judicial office, having been appointed a Judicial
Commissioner of the Supreme Court of Singapore in 1991 and, more
recently, Chief Justice of the Dubai International Financial Centre Courts.
His other appointments have included Vice Chairman of the International
Chamber of Commerce International Court of Arbitration and President
of the Law Society of Singapore.

* President, Singapore International Arbitration Centre Court of Arbitration.
vii
viii Foreword by Michael Pryles
The focus of Michael’s activities in recent years has been arbitration. He
has acted as counsel and arbitrator but has also explored many
interesting issues in published papers. A number of these are found in this
book. Overall there is a heavy emphasis on practice and procedural
matters. This underscores Michael’s very considerable expertise as a
litigator and advocate as well as an arbitrator.
The sixth essay examines the broad and important question of the
recognition and enforcement of arbitral awards. Others deal with discrete
technical issues of importance including confidentiality, the definition of
an “investment”, the true seat of an arbitration, egregious errors and
issue conflict. Procedural matters and advocacy are apparent in “Ten
Questions Not to Ask in Cross-examination in International Arbitration”
(Essay 9), an essay which deserves to be studied by all aspiring advocates.
Advocacy is an art and many arbitrators can attest to the sometimes
dearth of skill shown by counsel in conducting in cross-examination.
Other matters covered include “Trial by Issues” (Essay 10), a procedure
gaining great popularity in arbitrations today. “Witness Conferencing and
Party Autonomy” (Essay 11) explores another important aspect of
arbitral procedure. One of the undoubted advantages of arbitration is the
flexible procedure which it permits. Witness conferencing has developed
as a common and, many would say, superior procedure for elucidating
the opinions of expert witnesses and, indeed, also witnesses of fact.
Ethics in international arbitration is assuming ever greater importance and
two of the essays in this book deal with ethical issues. The eighth essay
explores “Claims against Arbitrators for Breach of Ethical Duties” and the
15th essay looks at “Corruption in Arbitration – Law and Reality”.
This book is a potpourri of important issues of arbitration law and
procedure. It is written by one of the masters in the field. We are all in
Michael’s debt and join in extending our best wishes to him on the
occasion of his 70th birthday and wish him many rewarding, productive
and happy years ahead.

November 2013