That German-Singapore Lawyer

Category: Publications & Talks

Expenses, Not Damages

In March 2026, I presen­ted a paper at the 23rd Inter­na­tion­al Con­gress of Mari­time Arbit­rat­ors (ICMA XXIII) in Singa­pore on recov­er­ing the cost of pre­vent­ing a loss from a con­trac­tu­al breach that has not yet happened. The paper has now been pub­lished, in expan­ded form, in the Ger­man trans­port law journ­al Trans­port­recht: ‘The Cost of Pre­ven­tion – Expense Recov­ery in Mari­time Logist­ics Under Ger­man Law, Cor­rectly Applied’, TranspR 2026, 296–302 (issue 7–8) (sub­scrip­tion required).

The article ‘The Cost of Prevention – Expense Recovery in Maritime Logistics Under German Law, Correctly Applied’ by Patrick Dahm, as printed in Transportrecht 2026, 296–302 (issue 7–8)

Book Review: EU Sustainability Law and Global Supply Chains

My review of Adolf Peter’s book on EU sus­tain­ab­il­ity law and sup­ply chains has been pub­lished in the Asi­an Inter­na­tion­al Arbit­ra­tion Journ­al. I think it is worth your time, so I repro­duce it here.

Book cover of EU Sustainability Legislation and International Supply Chains by Adolf Peter, Routledge 2025

Damage Prevention Costs in Maritime Logistics: German Law

I had a very good time present­ing a paper at the 23rd Inter­na­tion­al Con­gress of Mari­time Arbit­rat­ors (ICMA XXIII) yes­ter­day: ‘Reim­burse­ment of Dam­age Pre­ven­tion Costs in Mari­time Logist­ics in the Event of an Anti­cip­ated Breach of Duty Accord­ing to (Cor­rectly Applied) Ger­man Law’. For any­one inter­ested, I am shar­ing the full paper (PDF) in a slightly expan­ded ver­sion: one para­graph of exactly 99 words at the very end that I had to cut from the con­fer­ence ver­sion to meet the rig­or­ous word lim­it, plus Eng­lish trans­la­tions of the rel­ev­ant Ger­man stat­utory pro­vi­sions in the footnotes.

Dr Patrick Dahm at the podium presenting his paper on damage prevention costs in maritime logistics at ICMA XXIII, Singapore, March 2026

Dissertation Summarised

When my dis­ser­ta­tion came out late last year, a few col­leagues asked why a work so focused on Singa­pore, where Eng­lish is the lan­guage of the law, was writ­ten in Ger­man. Well, it was a Ger­man doc­tor­ate, plus the dis­ser­ta­tion was inten­ded as a con­tri­bu­tion to the debate on com­mer­cial courts in Ger­many. That’s why.

Still, they had a point, so I put togeth­er an Eng­lish sum­mary: ‘Should a Dis­pute Be Brought to the Singa­pore Inter­na­tion­al Com­mer­cial Court or to Arbitration?’

I’m pleased to share that it has now been pub­lished in this year’s Zeits­chrift für Zivil­prozess Inter­na­tion­al (ZZP Int (29) 2024, pp. 257 – 312). If the top­ic interests you, do have a look.

ZZPInt, Jahrbuch des Internationalen Zivilprozessrechts, volume 29 (2024) – on amazon.de

The Distribution Law of Singapore

Hear ye, hear ye! The fifth edi­tion of Hand­buch Ver­triebs­recht (Hand­book of Dis­tri­bu­tion Law), edited by Mar­tinek, Semler and Flohr, has been pub­lished. It’s a tome of 3,155 (plus LXXVII) pages that once again provides a sys­tem­at­ic and detailed present­a­tion of this area of law, both nation­ally (from a Ger­man per­spect­ive) and inter­na­tion­ally. One of the new addi­tions from my pen is a chapter on Singa­pore, which deals com­pre­hens­ively with its com­mer­cial agency, author­ised deal­er, fran­chise and com­pet­i­tion laws.

Handbuch Vertriebsrecht, open at the Singapore chapter – at beck-shop.de

SICC or Arbitration?

My doc­tor­al dis­ser­ta­tion has been pub­lished as an e‑book and in print. Its title trans­lates as ‘SICC or Arbit­ra­tion? A Com­par­is­on of Pro­ceed­ings in the Singa­pore Inter­na­tion­al Com­mer­cial Court with the Advant­ages and Dis­ad­vant­ages of Inter­na­tion­al Arbit­ra­tion Pro­ceed­ings’. It does what it says on the tin, so here’s just a bit of background.

My dissertation, SICC oder Schiedsgericht?, at Duncker & Humblot

Arbitrators: Balancing Active Engagement and Party Autonomy

I was back in Kuala Lum­pur for Asia ADR Week 2024 and an Oxford-style debate on the top­ic of ‘The Extent and Lim­it­a­tions of Arbit­rat­ors’ Dis­cre­tion­ary Powers’.

At the lectern during Debate 1, ‘The Extent and Limitations of Arbitrators’ Discretionary Powers’

On the Diminishing Importance of Humanity in Arbitration

Last week­end the Asia ADR Sum­mit was held in Kuala Lum­pur. I had the hon­our and pleas­ure of par­ti­cip­at­ing in an Oxford-style debate on the top­ic: ‘This House believes that “human­ity” is dis­pens­able in arbit­ra­tion, and arti­fi­cial intel­li­gence will sup­plant arbit­rat­ors in the future’.

Here is my state­ment and my rebuttal.

Speaking at the lectern during the Oxford Style Debate, Asia ADR Summit 2024

Courts and Tribunals and the Amicable Settlement of Disputes in Singapore

May courts or arbit­ral tribunals engage in the amic­able set­tle­ment of dis­putes between parties? More spe­cific­ally, may a Singa­pore court or arbit­ral tribunal act­ively do so? What do the inquis­it­ori­al pro­cesses men­tioned in the law have to do with it?

I have set out my thoughts in an art­icle that the Ger­man Arbit­ra­tion Journ­al (Schieds­VZ) has just pub­lished in its September/October 2023 issue.

Sup­ple­ment­al: Kluwer Arbit­ra­tion Blog has pub­lished a sum­mary of the article.

The galley proofs of my article ‘On the Powers of Courts and Arbitral Tribunals in the Amicable Settlement of Disputes by the Parties: A Look at Singapore and Selected Other Countries’. Inquisitorial processes are the key.

Singapore’s New Law on Electronic Bills of Lading

Peking, a steel-hulled four-masted barque, was one of the last generation of cargo-carrying iron-hulled sailing ships. She probably carried many bills of lading.
New tech­no­logy on the horizon

Singa­pore has adop­ted the UNCITRAL Mod­el Law on Elec­tron­ic Trans­fer­able Records, in a bid to get elec­tron­ic bills of lad­ing (eBOL) off the ground after pre­vi­ous efforts failed. The Singa­pore Cham­ber of Mari­time Arbit­ra­tion has pub­lished the ori­gin­al Eng­lish ver­sion of my art­icle on the new law. Trans­port­recht, the trans­port­a­tion law journ­al, has pub­lished the Ger­man ver­sion.

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 of the debaters, the judges and the moderator, all arbitration practitioners

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.

Group picture with Patrick Dahm and party guests

Singapore to Ratify Hague Convention on Choice of Court Agreements

Here’s my piece on Singa­pore’s rat­i­fic­a­tion of this Con­ven­tion on Peter Ber­t’s dis­pute res­ol­u­tion blog.

The National Coat of Arms of Singapore
The Supreme Court of Singapore

Singapurischer Internationaler Handelsgerichtshof eröffnet

Anfang 2015 wurde der Singapur­ische Inter­na­tionale Han­dels­gericht­shof (Singa­pore Inter­na­tion­al Com­mer­cial Court oder SICC) eröffnet. 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.

‘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.

Court scene: a barrister (cross-)examining a witness

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

Scene in Italy: group of children free-riding the tram
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.

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.

Full moon at midnight

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