This is the fourth episode in the second series of The Fountain Court Podcast. The episode is hosted by Andrew Pullen and is a recording of a virtual panel discussion hosted in November 2021.
Andrew specialises in international arbitration, appearing as counsel and sitting as arbitrator. He is an English-qualified barrister, based in Singapore since 2011. The episode features an internationally focused discussion on a very common feature of commercial contracts – ‘no oral modification clauses’. This was the topic that this year’s applicants for the Christopher Bathurst Prize were asked to write about.
Each panellist outlines the current state of law in each of their jurisdictions before delving into deeper issues that these clauses raise.
Joining Andrew in the discussion are:
- Siraj Omar SC: Based in Singapore, Siraj is Senior Counsel and Director of Dispute Resolution at Drew & Napier. Siraj specialises in complex, high-value commercial litigation and international arbitration. He has an active trial and appellate practice at all levels of the Courts in Singapore and in international arbitrations. For several years now he has sat as one of the judges for the Christopher Bathurst Prize.
- Nathalie Koh: Nathalie practices as a barrister in London at Fountain Court. She has a broad commercial practice, including aviation, banking, and insurance cases and was recently part of the Counsel team who appeared in the UK Supreme Court in the landmark FCA test case regarding business interruption policies.
- Gaurav Pachnanda SA: Gaurav is a Senior Advocate at the Indian Bar, based in Delhi, and a door tenant at Fountain Court. His practice includes a wide range of commercial litigation, arbitration and advisory work, with a significant multi-jurisdictional component. Gaurav is an Honorary Adjunct Professor of Law.
- Kanaga Dharmananda SC: Based in Australia, Kanaga is Senior Counsel. He practises from Quayside Chambers in Perth and as a door tenant at Fountain Court.
The 2021 winner of the Christopher Bathurst prize is also announced in the episode, by Stephen Moriarty QC who shares the history of the prestigious prize. Sandra Booysen, an associate professor at the National University of Singapore and deputy-director of the Centre for Banking and Finance law, explains why the winning essay was chosen. Sandra is also a member of the judging panel for the prize.
We hope you enjoy the episode.