[SMULA] Recent Developments in Commercial Law

This talk will address a number of key recent developments in commercial law arising from decisions of the UK’s highest courts. 

Toby Landau QC will address apparent bias and disclosure obligations of arbitrators in international arbitration, with a focus on the Halliburton v Chubb case in the UK Supreme Court (hearing dates on 12-13 November 2019). He will take a comparative look at the approaches in various jurisdictions to parallel appointments, repeat appointments and the contours of “bias”. 

Edmund King QC will be discussing the underlying rationale for excluding pre-contractual negotiations as an aid to interpretation, the scope of the rule, and the effect of entire agreement clauses. In particular, he will discuss if the wording of a typical clause will be able to stop parties from threshing through the undergrowth of pre-contractual negotiations, and suggest clearer words that contractual draftsmen can use to achieve their goals. 

Chan Wei Jian will address the use of implied terms to resolve difficulties in contracts that are otherwise incomplete or too uncertain to be enforceable, in the light of the UK Supreme Court’s recent decision in Devani v Wells [2019] UKSC 4. He will consider if the approach taken by the UK Supreme Court would be adopted in Singapore, in the light of the rules on implied terms under Singaporean law. Wei Jian will also highlight practical implications arising from this decision.

  

ABOUT THE SPEAKERS

Toby Landau QC

Toby Landau QC is a barrister, advocate and arbitrator, and a member of the Bars of England & Wales, Singapore, New York, the BVI and Northern Ireland, and registered in the DIFC. Notably, Toby made history in 2017 when he was the first Queen's Counsel to be admitted to the Singapore bar. Toby is top-ranked across leading legal directories. Among other things, he is listed by Chambers and Partners as a Star Individual for International Arbitration (The English Bar). Who's Who Legal also names him as a Global Elite Thought Leader for Arbitration.

As counsel, Toby has argued hundreds of major international commercial, investor-state and inter-state arbitrations. He has also been involved in many ground-breaking cases relating to arbitration and public international law in the Courts of England, Singapore, Hong Kong, Pakistan and the Caribbean including: Dallah v Pakistan; Jivraj v Hashwani; Ust-Kamenogorsk v AES and IPCO v NNPC before the UK Supreme Court; First Media v Astro in the courts of Singapore and Hong Kong. Toby also has extensive experience sitting as presiding arbitrator, co-arbitrator and sole arbitrator in commercial and investor-state disputes under most of the world’s leading ad hoc and institutional rules. 

He is Visiting Professor at Kings College London; Court Member of the SIAC; Former Court Member of the LCIA and SCC; Fellow of the CIArb and Chartered Arbitrator; UK delegate to the UNCITRAL Working Group on Arbitration (1994-2013); and a draftsman of the English Arbitration Act 1996; the Pakistan Arbitration (International Investment Disputes) Ordinance, 2006; the Mauritius International Arbitration Act 2008, as well as many institutional rules. He holds a first-class law degree and a first class BCL from Oxford University (Eldon Scholar), and an LL.M. from Harvard Law School (Kennedy Scholar).

 
Edmund KING QC

Edmund King QC is particularly noted for his advocacy and for his expertise across the full range of chancery and commercial matters. The width of his practice is shown by the unusually large number of categories in which he is recommended in the directories. The eight categories are: Banking & Finance; Chancery: Commercial; Fraud: Civil; International Commercial Arbitration; Commercial Dispute Resolution; Commodities; Shipping; and tax. His practice also includes oil and gas, sovereign immunity claims, and telecoms. His clients praise four characteristics: (1) Analytical and strategic skills (“super bright”; “incredibly strategically minded”); (2) Advocacy (“fabulous advocate”); (3) Work ethic and enthusiasm (“bags of enthusiasm and drive”); (4) Teamwork (“an absolute delight to work with”).

 

Edmund has a first class degree in law from Oxford, where he won a university prize in French as well as in law. He was a Kennedy Scholar at Harvard Law School where he was placed first in his year in Advanced Constitutional Law. He was called to the Bar in England in 1999, in the BVI in 2007 and has attended court in the BVI, Bahamas and Nevis. He is an SICC registered advocate. 

 
CHAN Wei Jian

Chan Wei Jian has a broad commercial practice in line with Chambers’ profile. He has particular interests in commercial litigation and international arbitration, banking and financial services, insolvency and trusts, and jurisdictional matters. Since joining Chambers, Wei Jian has been instructed on a wide range of significant cases, including:

(1) An arbitration claim against a leading software company for in excess of US$2 billion involving allegations of intellectual property theft and misconduct within the framework of a joint venture.

(2) A jurisdictional application on behalf of nearly 28,000 Nigerian claimants in respect of their claims against three companies in the Royal Dutch Shell Group, which arise out of the December 2011 Bonga oil spill (one of the largest offshore spills in the history of oil exploration and production in Nigeria).

(3) A multi-billion pound dispute with an Iranian bank concerning the impact of financial restrictions orders made in 2009-2011 and the Bank’s claim for damages under the Human Rights Act 1998.

Wei Jian has appeared as sole counsel before a wide range of courts, including the English High Court. Prior to joining Essex Court Chambers, Wei Jian graduated with a First Class degree in Law from the University of Oxford. He went on to read for the BCL at the University of Oxford, obtaining Distinctions in all four of his BCL subjects. Wei Jian grew up in Singapore and is a fluent speaker of Mandarin Chinese.

 

a. Seminar fee

Seminar fee of S$150* (inclusive of GST) applies.

 

b. Group discount fee

Group discount fee of S$135* (inclusive of GST) applies if there are at least 10 participants from the same organisation.

 

c. SMU Alumni fee (for LLB / JD / LLM graduates)

Seminar fee of S$135* (inclusive of GST) applies for SMU LLB / JD / LLM Alumni.