Saturday, August 28, 2010

Singapore. An arbitration center for Communist China.

Ladies and Gentlemen,

Singapore's state controlled newspaper the Straits Times online edition of Aug 29, 2010 has the story "Arbitration to grow further. Field set to expand as more international parties seek to resolve disputes in Singapore".

K Shanmugam, Lee Kuan Yew's hand picked Law Minister says according to this report, "More parties to international disputes have sought arbitration here and the field has been lucrative for Singapore".

Once again, Shanmugam has not been telling the whole truth. It is true that international arbitration is growing in Singapore, but the word "international" refers only to one particular country, Communist China.

With almost every Western company using China for cheap manufacturing, the Chinese always without exception demand in their contracts disputes be settled through arbitration in Singapore. For the unwary Western company, not knowing what dirty business goes on in Singapore, a one party dictatorship absent the rule of law, Singapore is still better than having the dispute heard in China.

So when the article talks of international clients, there is only one, Communist China. No other country worth it's salt would ever want to have anything to do with Singapore especially after the 72 page scathing attack on it's legal system by the International Bar Association, which said bluntly that Singapore has no rule of law and no independent judges.

The report says "disputes involved shipping and maritime, corporate and insurance, and construction and engineering matters." What they forgot to add are the words "from the Peoples Republic of China."

The report says that cases tripled to 160 last year. I am surprised that it is so low. With the thousands of contracts that American and Western countries sign with the Chinese each year, the disputes heard in Singapore should be a hundred times more.

The reason why so few cases were heard is simply because it has got such a bad name internationally as a lawless one party rule despotic state, that slowly but surely the true colors of Singapore is slowly beginning to sink in. Western countries today I reckon are refusing to accept Singapore as an arbitration center when suggested by the Chinese and instead are demanding that London or other respectable legal jurisdictions selected.

Surely Lee Kuan Yew and his minions must have known that there is a price to pay when you deliberately abuse the law repeatedly against JB Jeyatrenam to destroy him; the same for Dr. Chee Soon Juan, and for Tang Liang Hong. Western companies are not fools because sooner or later, they are going to know the truth about Singapore.

Western companies should avoid using Singapore arbitration because the Chinese always win. In arbitration as in any other field in Singapore, everything has the unseen hand of government. I have no doubt behind the scenes arbitrators are quietly advised to find in favor of Chinese over others. Since the majority of Chinese companies are either government owned or have links with their government, pleasing them means more commercial deals and business.

I have not had the benefit of reading any Singapore arbitration awards and neither do I know if any are available, but this much I can guess, knowing Singapore. Almost every Western country which had arbitration in Singapore using Singapore arbitrators would have gone home, not only disappointed but shocked. They have all lost.

If you can expect any lawyer to violate the law by finding guilty a lawyer merely for criticizing a judge (I am referring to my impending but predictably certain disbarment in Singapore), how on earth can he be expected to uphold the law fairly and impartially in any other case, tell me that?

I am referring to Toh Kian Sing, of Rajah & Tann LLP, 9 Battery Road, #25-01
Straits Trading Building, Singapore 049910, Telephone 62320 614, Fax 6536 1335,, Nationality/ Date of Birth, Singaporean / 6 September 1965. Toh Kian Sing has been appointed President of the Disciplinary Tribunal which will hear my case for criticizing in this blog, Singapore Judge Belinda Ang Saw Ean and similar charges.

I am sure he is going to find me guilty, whereas he knows, just as anyone else, that anywhere else I would not. Question is, if a man behaves like that when dealing with a Singaporean dissident, willingly abusing the law to please the government, how can you expect him to be impartial when dealing with a case where a Communist Chinese company is a party against, say, an Australian company? He would almost certainly have to side with the Chinese because, as in my case, it would please his government, and by extension ensure his successful future.

If western companies are reading this, please refuse arbitration in Singapore when dealing with Chinese companies. You don't stand a chance in Singapore. Singapore arbitrators are not dispensing justice, they are dispensing favors to the Chinese and the Singaporeans.

Gopalan Nair
39737 Paseo Padre Parkway, Suite A1
Fremont, CA 94538, USA
Tel: 510 657 6107
Fax: 510 657 6914

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1 comment:

Anonymous said...

will the singapore goverment give details of the 160 cases ie which coy vs which coy? do you have any hard figures mister nair? i agree with you that singapore judges are basically an extension of the pap. dr chee soon juan was found guilty because he asked goh ct about the 5 billion dollars loan to goh was the pm so such a question was perfectly logical. 5 billion dollars of the taxpayers money any citzen of singapore has a right to ask.