Patorikku

Patrick Dahm – That German-Singapore Lawyer

patrick dahm german lawyer attorney singapore deutscher anwalt rechtsanwalt singapur

On Arbitration, Football and Vacuum-Cleaning Robots

The Singa­pore Insti­tute of Arbit­rat­ors invited me to debate the fol­low­ing motion: ‘This House Believes That Arti­fi­cial Intel­li­gence Will Have Replaced Arbit­rat­ors with­in Twenty-Five Years’. In short: can – will – algorithms replace arbit­rat­ors with­in a gen­er­a­tion?

We were debat­ing this last night. Here are my open­ing and clos­ing state­ments.

Group picture

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How to Have the Perfect Arbitration Conference

Here’s how to have the per­fect con­fer­ence exper­i­ence, using the example of the IPBA-THAC Arbit­ra­tion Day in Bangkok on 6 Novem­ber 2018.

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Bugis

After eight years of liv­ing in the Orch­ard area, and two years in Novena before that, I’ve moved to a more down-to-earth part of Singa­pore: Bugis. That once infam­ous dis­trict, which to this day retains its gruff char­ac­ter. I guess I was drawn to it to com­pensate for all these years in Atasland.

Bugis Singapore Buginese

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BeA – Insecure Professional Communication for German Lawyers

Start­ing this week Ger­man law­yers have to have avail­able a means of elec­tron­ic com­mu­nic­a­tion developed just for them: the spe­cial elec­tron­ic law­yers’ mail­box (beson­deres elektron­isches Anwalt­s­post­fach or beA). The prob­lem is, the beA is inher­ently insec­ure, which is why it seems bet­ter to avoid using it. This would include not lit­ig­at­ing in a Ger­man court, if pos­sible, if there’s a chance the oppon­ent or the court will use the beA in the pro­ceed­ings. This seems to be all the more indic­ated where there’s a risk of snoopery and foul play by oppon­ents or third parties, or where the stakes are high – and when aren’t they?

besonderes elektronisches anwaltspostfach bea special electronic lawyers’ mailbox special electronic mailbox for lawyers special advocates' mailbox German deutsch

One Card to Bring Them All and in the Dark­ness Bind Them

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Guerrilla Tactics in Arbitration

I don’t like how we use the term guer­rilla tac­tics in inter­na­tion­al arbit­ra­tion. Refer­ring to guer­rilla dis­ap­prov­ingly implies meth­ods of tra­di­tion­al war­fare are alright. Artil­lery or old-school tac­tic­al form­a­tions – okay. Sneaky ambushes or hit-and-run attacks – not okay.

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The Place of the Hear­ing at Night

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Gilded with Law

Priy­ageetha Dia has gil­ded Singa­pore with gold foil, again. And a lot of people have called her urb­an art inter­ven­tion illeg­al, again. But what if she and her art had been on sure leg­al ground all along? What if it wasn’t so clear wheth­er remov­ing her golden flags was law­ful or not?

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Initial Coin Offering: an Inaccurate Term with an Imperfect Regulator

initial coin offerings token tokens regulate regulation of security tokens patrick dahmThis is my speech at the first Com­pu­ta­tion­al Law & Block­chain Fest­iv­al – Singa­pore Node on 17 March 2018. In it, I tried to explain what ini­tial coin offer­ings are, why gov­ern­ments all over the world eye them curi­ously, and how gov­ern­ments reg­u­late them – if they reg­u­late them. I also ques­tioned why brick and mor­tar gov­ern­ments reg­u­late some­thing so digit­al.

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No, I Won’t Help You Whitewash Your Token Sale Scam

Over lunch the in-house coun­sel of a tech com­pany asked me wheth­er I ever decline work. We were mak­ing small talk, but funny she should ask. Because I have indeed chosen not to work on one or the oth­er ini­tial coin offer­ing or token sale lately.

I do what I do for a liv­ing, so I’m not prone to decline work by default. But these pro­jects didn’t smell right.

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The Efficient Breach of Smart Contracts

Smart con­tracts are described as self-execut­ing: how they are formed is how they will be per­formed. This is why some of us see no (or at least less) room for leg­al dis­pute over them.

It shouldn’t be this way. Where it’s effi­cient, it should be pos­sible to breach a smart con­tract. Even though this may lead to a leg­al dis­pute.

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The Arts and the Law in Singapore

Last Fri­day we were cel­eb­rat­ing the offi­cial open­ing of our new office, arts and enter­tain­ment law firm that we are. This is the speech I gave before the party took off.

arts and entertainment law firm national arts council singapore law art patrick dahm

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Legal Maverick in the Spotlight 

The oth­er day someone called me a leg­al mav­er­ick. 🙂

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Ten Common Causes of Conflicts within Small Businesses (And How to Fix Them)

The good people of Asia Law Net­work have pub­lished this little piece of mine on con­flicts with­in small busi­nesses. It’s here.

business advice employment dispute resolution shareholding smes arbitration arbitrator patrick dahm

Con­flict?

red crab

The Shire of Christmas Island

It was time for me to go diving again, so I betook myself to Christ­mas Island, this extern­al ter­rit­ory of Aus­tralia in the Indi­an Ocean. Under water I encountered sharks, dol­phins and oth­er creatures of the sea. Above water I went hik­ing, climb­ing and bird­watch­ing in hon­our of the words of someone very dear to me: ‘Take many pic­tures, do many things you don’t get to do in Singa­pore and remem­ber each and every one of them.’

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The Art of Walking a Fine and Golden Line

Was Priy­ageetha Dia’s golden stair­case art or van­dal­ism? Wrong ques­tion, in my view. Some­thing can be both. Just that this art wasn’t.

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Suits Is Real

As an object of my fan ador­a­tion. Ah, the enter­tain­ment. You have to love Suits, the TV series, and the par­al­lel uni­verse it cre­ates. Someone on the inter­net called it shal­low. Well, yeah, it isn’t Dostoyevsky, but who wants to read Rus­si­an lit­er­at­ure all the time!?

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Smartifying Blockchains, Legally

Yes, block­chain tech­no­logy can do things which con­ven­tion­al ledgers or registers can­not do. A few days ago I argued that this didn’t mean block­chain should replace tra­di­tion­al ways of record­ing leg­al trans­ac­tions whole­sale. Tra­di­tion­al ways of record­ing leg­al trans­ac­tions embed func­tions which block­chains don’t embed yet. Where the law demands it or wherever else it makes sense we should think about imple­ment­ing them.

Here’s in more detail what I had in mind.

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Blockchain: The Roll of Deeds of the Internet

After read­ing Caitlin Moon’s instruct­ive blog Block­chain 101 for Law­yerscom­men­ted that we should think of it as a cybernot­ary who can authen­tic­ate — everything.

Ive changed my mind.

For the avoid­ance of doubt, I’m all for catchy ana­lo­gies. They help under­stand much of what’s going on in cyber­space. Even bet­ter than a catchy ana­logy, though, is an ana­logy that’s catchy and apt.

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How Do We Resolve Disputes? What’s with Those Algorithms?

This really very long and quasi-aca­dem­ic post is based on a speech I gave to MBA stu­dents of the Man­age­ment Devel­op­ment Insti­tute of Singa­pore some­time in 2016. Sub­ject: how do we resolve dis­putes and what bor­ders, geo­graph­ic­al or oth­er­wise, do we cross in doing so? Bor­ders and oth­er­wise, ged­dit, I was talk­ing about dis­pute res­ol­u­tion in cyber­space and algorithms.

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Singapore to Ratify Hague Convention on Choice of Court Agreements

My piece on Singapore’s rat­i­fic­a­tion of the Hag­ue Con­ven­tion on Choice of Court Agree­ments on Peter Bert’s dis­pute res­ol­u­tion blog.

Singapore Hague Convention on Choice of Court Agreements dispute resolution international arbitration procedure arbitrator patrick dahm

cyberspace cybersecurity internet patrick dahm arbitrator

Security in Cyberspace, Fifty Years into Its Colonisation

The space where all data exchange and com­mu­nic­a­tion of the Inter­net hap­pens, cyber­space, is neut­ral. Noth­ing insec­ure adheres to it in and of itself. Insec­ur­ity is brought in by man who pop­u­lates cyber­space, and by the tools that he has brought along. So how to regain secur­ity in this space – cyber­se­cur­ity?

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Singapurischer Internationaler Handelsgerichtshof eröffnet

Anfang 2015 ist der Singapur­ische Inter­na­tionale Han­dels­gericht­shof (Singa­pore Inter­na­tion­al Com­mer­cial Court oder SICC)  eröffnet worden. Das Gericht ist als Teil des singapur­ischen Supreme Court für inter­na­tionale Han­dels­sachen zuständig und ver­eint schiedsgericht­liche und gericht­liche Ele­mente. Singapur will dam­it seine Pos­i­tion als inter­na­tionales Streit­sch­lich­tung­szen­trum aus­bauen.

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Language’ Difficulties between Civil Law and Common Law

Parties to a leg­al dis­pute may believe they under­stand each other’s legalese or the leg­al ‘etiquette’ applic­able. When really they don’t. This may hap­pen when a party from a civil law jur­is­dic­tion sets foot in a com­mon law envir­on­ment, or vice versa. In inter­na­tion­al arbit­ra­tion pro­ceed­ings, for example.

Appar­ently the High Court of Singa­pore had to decide a case just like this.

civil law common law dispute resolution international arbitration procedure arbitrator patrick dahm

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A Grain of Civil Law – Some (Not So) New Chords for the International Arbitration Jazz

civil law common law dispute resolution cheaper arbitration faster arbitration cheap arbitration fast arbitration international procedure proceedings arbitrator patrick dahm

Faster, cheap­er

Inter­na­tion­al arbit­ra­tion has a prob­lem: pro­ceed­ings that take too long and are too expens­ive. To help solve this we should com­bine the best aspects of civil law and com­mon law pro­ced­ure bet­ter.

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The Midnight Clause in International Arbitration

This is my speech at the In-house Con­gress in Jakarta, Indone­sia, on 23 April 2014. It was on why it’s import­ant your com­mer­cial con­tracts con­tain an arbit­ra­tion clause that works well.

international arbitration clause midnight clause arbitrator patrick dahm

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