Re BSL: Ad Hoc Admission for Queen's Counsel in Arbitration Award Setting Aside

BSL, a Queen's Counsel, applied to the High Court of Singapore under s 15 of the Legal Profession Act for ad hoc admission to represent the plaintiff in Originating Summons No 375 of 2018, seeking to set aside an International Chamber of Commerce arbitral award. The plaintiff alleged breach of natural justice by the arbitral tribunal. Steven Chong JA dismissed the application, finding no necessity for foreign counsel given the availability of experienced local counsel.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Application dismissed with costs.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Application for ad hoc admission of Queen's Counsel to represent plaintiff in setting aside an ICC arbitral award. Application dismissed due to lack of necessity.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
BSLApplicantIndividualApplication DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Steven ChongJudge of AppealYes

4. Counsels

Counsel NameOrganization
Koh Swee YenWongPartnership LLP
Quek Yi Zhi JoelWongPartnership LLP
Goh Wei WeiWongPartnership LLP
Anand TiwariWongPartnership LLP

4. Facts

  1. BSL, a Queen's Counsel, sought ad hoc admission to represent the plaintiff in OS 375.
  2. OS 375 involves setting aside an ICC arbitral award.
  3. The plaintiff in OS 375 alleges the arbitral tribunal breached the rules of natural justice.
  4. BSL was lead counsel for the plaintiff in the underlying arbitration.
  5. The underlying arbitration concerned a contract for the construction of a gas pipeline management and communication system.
  6. The court considered the applicant's experience in international commercial arbitration and familiarity with the factual and legal issues.

5. Formal Citations

  1. Re BSL, Originating Summons No 732 of 2018, [2018] SGHC 207

6. Timeline

DateEvent
Judgment reserved
Judgment issued

7. Legal Issues

  1. Ad Hoc Admission
    • Outcome: Application for ad hoc admission was dismissed.
    • Category: Procedural
  2. Breach of Natural Justice
    • Outcome: The court did not rule on whether there was a breach of natural justice in the underlying arbitration, as the application concerned the ad hoc admission of counsel.
    • Category: Substantive

8. Remedies Sought

  1. Ad Hoc Admission to Practise as an Advocate and Solicitor

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Arbitration
  • Commercial Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Re Beloff Michael Jacob QCCourt of AppealYes[2014] 3 SLR 424SingaporeCited for the two-stage inquiry in an application under s 15 of the LPA and the principle that foreign senior counsel should only be admitted on the basis of need.
Re Harish Salve and another appealCourt of AppealYes[2018] 1 SLR 345SingaporeCited for the two-stage inquiry in an application under s 15 of the LPA and the framing of issues in question.
Re Rogers, Heather QCHigh CourtYes[2015] 4 SLR 1064SingaporeCited for the focus on the relevance of counsel’s qualifications and experience to the specific issues in the case at hand.
Re Fordham, Michael QCHigh CourtYes[2015] 1 SLR 272SingaporeCited for the focus on the relevance of counsel’s qualifications and experience to the specific issues in the case at hand.
Re Joseph David QCHigh CourtYes[2012] 1 SLR 791SingaporeCited for the consideration of the applicant's involvement as lead counsel in the arbitration proceedings, but distinguished on the basis of complex legal issues.
Re Landau, Toby Thomas QCHigh CourtYes[2016] SGHC 258SingaporeCited for the principle that the principles for setting aside an award for breach of natural justice are reasonably well-settled.
Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs of the Government of PakistanUK Supreme CourtYes[2011] AC 763United KingdomCited in relation to issues of jurisdiction and enforcement of awards.
Re Andrews Geraldine Mary QCHigh CourtYes[2013] 1 SLR 872SingaporeCited for the factors most pertinent to the exercise of the courts’ discretion have been specified in the Notification Matters.
Re Goddard QCHong Kong CourtYes[2008] 2 HKC 294Hong KongCited for the proposition that where foreign counsel seeks admission for a case emanating from arbitration proceedings in which he appeared as counsel, the court will readily accede to such application.
Re Andrew White QCHong Kong CourtYes[2005] HKCU 1019Hong KongCited for the consideration of the 'arbitration factor' being independent of other factors.
Re Robert Alun Jones QCHong Kong CourtYes[2008] HKCU 2035Hong KongCited for the consideration of the 'arbitration factor' being independent of other factors.
Re Flesch QC and anotherHong Kong CourtYes[1999] HKCU 1638Hong KongCited for the open-textured criterion of the public interest as the paramount consideration in the exercise of the court’s discretion.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Legal Profession Act (Cap 161, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Ad hoc admission
  • Queen's Counsel
  • International commercial arbitration
  • Breach of natural justice
  • Arbitral award
  • Setting aside
  • Legal Profession Act
  • Notification Matters
  • Special qualifications
  • Necessity
  • Continuity of representation

15.2 Keywords

  • Ad hoc admission
  • Queen's Counsel
  • Arbitration
  • Singapore
  • Legal Profession Act
  • Breach of natural justice

17. Areas of Law

Area NameRelevance Score
Ad Hoc Admission80
Legal Profession Act75
Natural justice70
Arbitration60
International Arbitration60
International Arbitration Act50
International Commercial Arbitration50
Civil Procedure30
Inherent Power of the Court30

16. Subjects

  • Legal Profession
  • Arbitration