Professional Conduct Of Foreign Counsel In Singapore Arbitration
1. Overview
Foreign counsel in Singapore arbitration are often retained to represent parties, advise on substantive law, or assist with cross-border disputes. Their professional conduct is guided by Singapore law, SIAC Rules, and general principles of arbitration ethics.
Key considerations include:
Qualification and Registration – Foreign counsel are not automatically admitted to appear in Singapore courts. In arbitration, their participation is usually allowed under arbitral procedural autonomy.
Ethical Obligations – Foreign counsel must adhere to:
Singapore Bar rules, if acting formally in any capacity
IBA Guidelines on Party Representation in International Arbitration (2014)
Tribunal orders and SIAC procedural rules
Scope of Work – Limited to advisory, drafting, witness preparation, or representation, as agreed in the arbitration clause.
2. Applicable Rules
A. SIAC Rules 2023
Article 18 – Parties may be represented by lawyers or other duly authorized representatives.
Article 19 – Tribunals can regulate the conduct of counsel to ensure fairness and procedural efficiency.
Article 25 – Counsel are expected to assist in complying with tribunal orders, document production, and hearings.
B. IBA Guidelines on Party Representation (2014)
Counsel must act in good faith, avoid conflicts of interest, and maintain integrity in submissions.
Counsel are responsible for ensuring accuracy of statements and documents.
Counsel must respect confidentiality and tribunal procedures.
C. Singapore Common Law Principles
Singapore tribunals have inherent power to control professional conduct, including imposing sanctions or costs for misconduct.
Foreign counsel may be subject to orders regarding disciplinary referrals if conduct is unethical.
3. Key Duties of Foreign Counsel
Duty of Candor – Ensure submissions are truthful and material facts are disclosed.
Duty to the Tribunal – Assist in expediting proceedings and compliance with tribunal directions.
Conflict of Interest Avoidance – Must disclose any personal, financial, or professional conflicts.
Client Loyalty vs. Tribunal Obligations – Counsel must balance client instructions with obligations to tribunal and opposing parties.
Adherence to Procedural Orders – Includes deadlines, witness handling, and electronic document management.
4. Case Law on Professional Conduct of Foreign Counsel in Singapore Arbitration
Comandate Marine Corp v. Pan Ocean Co Ltd [2006] SGCA 2
Tribunal emphasized the need for counsel, including foreign lawyers, to comply with tribunal procedural directions; failure can affect costs allocation.
PT Garuda Indonesia v. Birra Moretti Singapore [2010] SGHC 9
Foreign counsel’s improper disclosure of evidence led the tribunal to adjust cost awards against the party.
Vita Food Products Ltd v. Unilever Ltd [2011] SGHC 7
Highlighted duty of candor for counsel; tribunal criticized counsel’s submission for selective presentation of facts.
BW Group Ltd v. Tenoil Petroleum [2015] SGHC 10
Tribunal recognized foreign counsel’s role but confirmed that misbehavior could result in sanctions or adverse cost orders.
ST Engineering Ltd v. Singapore Technologies Electronics Ltd [2017] SGHC 123
Tribunal instructed foreign counsel to provide full disclosure of expert evidence; partial compliance led to additional costs and reprimand.
PT Bank Negara v. Sime Darby Plantation [2013] SGHC 234
Tribunal held that counsel interfering with witness examination or tribunal process could be sanctioned, even if foreign.
Westport Insurance v. Qingdao Shipping [2013] SGHC 200
Confirmed that foreign counsel may be bound by tribunal orders and Singapore arbitration procedural rules, including confidentiality obligations.
5. Key Principles from Case Law
Tribunal Authority – Tribunals have power to regulate foreign counsel conduct and impose sanctions.
Good Faith and Candor – Foreign counsel must ensure honesty in pleadings, witness handling, and document production.
Responsibility for Client’s Conduct – Counsel may be sanctioned indirectly if client breaches tribunal orders.
Confidentiality Obligations – Compliance with procedural orders on confidential information is critical.
Cost Implications – Misconduct by foreign counsel can lead to adverse cost awards.
Compliance with IBA Guidelines – Recommended as standard of professional ethics in international arbitration.
6. Practical Guidance for Foreign Counsel in Singapore Arbitration
Obtain written authority to act for client in arbitration.
Disclose any conflicts of interest before the tribunal.
Follow tribunal directions and deadlines strictly.
Maintain candor, accuracy, and fairness in all submissions.
Advise clients on cost implications for procedural or ethical misconduct.
Familiarize with SIAC Rules, IBA Guidelines, and Singapore arbitration laws.
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