ALTER EGO

The Singapore QC

Stuart Isaacs, the first Queen's Counsel admitted as a foreign lawyer in Singapore, is no stranger to Singapore. He has been instructed as mediator and arbitrator in several matters here. An expert in banking, insurance and European Union Law, Stuart set up his Singapore office in July.

This is what he had to say during a recent SLG interview.

Besides London, Singapore is the only other country in which you have set up a law office. Why Singapore?
It is a logical extension of what I have been doing for the past 20 years. I also had strong encouragement to do so from Justice V K Rajah and other senior Singapore lawyers. With lower overheads by being based in Singapore, clients will have to pay lower fees. I am more accessible. Also, I hope to receive more arbitral appointments in the region.

Furthermore, Singapore has a developed commercial law system coupled with excellent infrastructure and strategic location in South-East Asia. Singapore is still the preferred place of business for foreign lawyers.

Your client portfolio also includes smaller law practices. What kind of services do you provide them?
In many lawsuits, the smaller firms often find themselves going against the large firms. They usually lack the legal resources. This is where I come in. I do drafting of submissions and provide detailed advice on the merits of the case.

You have a very busy practice. What kind of legal support do you have at your Singapore office?
I am the only registered foreign lawyer in my practice. If I do need any legal support, it will come from my preferred juniors in London. When the time comes, I will invite them to register themselves to practise in my Singapore office.

Singapore lawyers are reputed to be cheap compared to some of our Asian and western counterparts. Should we catch up by increasing our fees?
I think market forces should determine this. Even if your legal fees go up, I do not think you will lose your competitive edge for the reasons set out in my first answer above.

Do you feel that the Singapore legal profession has been liberalised sufficiently?
For my purposes, yes. My wish is to be given the opportunity to appear in the Singapore Courts.

With the liberalisation of the Singapore legal profession, should the Singapore large firms lose sleep over the entry of foreign lawyers into our legal profession?
There is no need to lose sleep. There is no shortage of talent in those firms. I think that foreign lawyers complement Singapore lawyers. The foreign law firms can add an international dimension to local legal practices. Self-employed QC like me do not compete with Singapore law firms. We complement by providing specialist advice and on-the-spot representation. For the foreign lawyers, well at least for the English ones, there is a good flow of arbitration and advisory work in Singapore.

Mediation in Singapore is about 10 years old. What is your take on the development of our mediation scene?
Mediation has never really taken off in the commercial law arena in Singapore. I feel that lawyers are ignorant of the advantages of mediation in an appropriate case. Sometimes, I sense unwillingness in lawyers to refer their cases for mediation.

Arbitration and mediation - what is your favourite ADR model?
There is no one preferred ADR model. Some cases are best suited for mediation, whilst others for arbitration. I am not a great believer of ADR clauses, which require mediation first, and if that fails, then arbitration. Parties to an arbitration agreement should have full autonomy to resolve their disputes through the mediation process.

Will ADR displace litigation one day in the future? Isn't that undesirable?
ADR will never displace litigation. Some parties in a case have to be publicly vindicated through the court process. The balance of advantages between litigation and ADR is also never constant.

What are your general views on the progress of litigation practice in the United Kingdom?
A lot can be said about this subject. In the UK commercial field, there has been a gradual move from litigation to ADR. There was less work for litigators in a purely domestic practice with no ADR practice. But the recent events in the world financial markets will reverse this trend. In other areas such as public law, there has been an explosion of litigation recently.

In Singapore, after senior lawyers are appointed as Senior Counsel, there is some concern that some of them tend to do less Court work. They move to arbitration or corporate work. Do you have this problem in the UK?

As we have a split profession in the UK, QC do not distinguish between litigation and arbitration. What they do will depend on the matters in which they are instructed in.

With English solicitors now able to seek audience in superior courts, is the distinction between them and barristers blurring?
Only at the very edges.

Are you in support of two independent professions?
Although I have never practised in a fused profession, I have worked in many jurisdictions where fused professions exist. My experience is that two independent professions work better. In a fused profession, neither the solicitors' work nor the barristers' work can be done satisfactorily. This is not the case where some lawyers are in practice operating either as a barrister or solicitor. Singapore is an excellent illustration of this kind of practice.

Can you share with us your interesting experiences as an arbitrator or counsel in jurisdictions such as Bermuda and Carribean countries?
There are many experiences, most of which cannot be repeated in print.

Tell us about your family and your hobbies.
I have a wonderful wife and three children, two boys and a girl all under the age of six. Apart from work and travel, my family is my hobby and my life. The children are all seasoned travellers, which makes life easier for us. Thank goodness for Skype and webcams!

You are an international globetrotter. Which is your favourite airline, city, hotel and cuisine?
Airline: Singapore Airlines, of course. It makes day trips to Singapore more than tolerable.

City: New York

Hotel: For business, the Singapore Ritz-Carlton. For leisure, The Royal Palm in Mauritius.

Food: Italian.

Share with us some of your efficient and smart work methods.
You are assuming that I have any. I think it is the organised mind, an ability to assemble information quickly and a Blackberry.

Rajan Chettiar
Rajan Chettiar & Co
E-mail: rajan@rajanchettiar.com