Foreign lawyers flock to Singapore

July 17, 2008

Foreign lawyers flock to Singapore

One QC who set up office here is now arbitrating a $34m dispute

By K.C. Vijayan

BANGLADESH-BORN lawyer Ajmalul Hossain came to Singapore last year to set up an office, spurred on by the business boom in the region.

The 57-year-old Queen's Counsel, one of a select group of senior London-trained barristers, is now arbitrating a US$25 million (S$34 million) dispute between two foreign companies.

'This is a growth area, the demand for legal services means there is plenty of work, and I like your nice and safe environment,' he said.

Mr Hossain is part of a growing contingent of foreign lawyers who are setting up shop in Singapore. According to the Attorney- General's Chambers (AGC), their numbers have nearly doubled to 900 in the last five years.

They are drawn to the rising demand for legal services, such as advice on mergers, help with business expansions and the arbitration of cross-border trade disputes.

An AGC spokesman said that the increase in foreign lawyers followed strong economic growth in the region.

'Whether such increase will continue in the future will depend on economic prospects in Singapore and the region,' she said.

For now, foreign lawyers are not allowed to appear in court here. They also cannot practise Singapore law except in the area of arbitration, which is an out-of-court arrangement.

That could soon change, though. Last December, the Law Ministry announced that up to five foreign firms would be allowed to practise in areas such as banking, corporate finance and maritime law.

The move is expected to take effect next year.

Mr Stuart Isaacs, a Queen's Counsel who started a firm here this week, said he would welcome the chance to argue in court.

'I do think there is a lot of merit in...being outward-looking, not inward-looking,' he said. 'If you let people in, it can only do good in the long run.'

Queen's Counsel like Mr Isaacs have been long sought after here for their expertise in banking, civil fraud and insurance.

He has spent 20 years commuting from England to advise and arbitrate in civil cases, among other things.

Mr Isaacs said that there is more than enough work here to go around and he is here to 'value-add', not compete.

'You've got very able lawyers here. The problem is, there is a shortage of them because of the legal work there is,' the 56-year-old father of three said.

'People are very often conflicted out and therefore you have clients who are left without good legal representation.'

Like him, Mr Hossain, who set up his office here last November, prefers Singapore over Asia's other aspiring legal hub, Hong Kong.

'Singapore has a less rigid system in place and the practice regime is much more open for foreign lawyers,' he said.

vijayan@sph.com.sg


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Some restrictions

FOREIGN lawyers can register with the Attorney-General's Chambers in order to practise here, subject to conditions.

The scheme allows lawyers to set up firms to arbitrate commercial disputes and do legal work from other countries.

But they cannot appear in court.

Foreign lawyers can be part of a Singapore law firm. However, they cannot deal with a client directly unless it involves work in the laws of the country in which they are qualified.

Any paperwork involving Singapore law has to go through a Singapore lawyer.

There are plans to allow foreign law firms to participate in high-end work such as mergers and acquisitions as well as commercial cases that fall under Singapore's laws.

K.C. VIJAYAN

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