Builders Federal (H.K.) Ltd v. Turner (East Asia) Pte Ltd

Turner (East Asia) Pte Ltd (Turner) (plaintiff) was a Singaporean company engaged as the main contractors for the Gateway Project, a building project. Builders Federal (Builders Federal) (H.K.) (defendant) Ltd was a sub-contractor on the Gateway Project hired to construct curtain walls. The parties entered an arbitration agreement providing that the parties would refer disputes to arbitration under the Arbitration Act of Singapore and the procedural laws of Singapore. A dispute arose between the parties, and in April 1987, the court appointed Douglas Smith as the sole arbitrator. In June 1987, Debevoise and Plimpton (D&P), a New York law firm, sent a letter to Turner’s solicitors indicating the firm represented Builders Federal. In July 1987, D&P sent a similar letter informing the arbitrator of their representation of Builders Federal. In August 1987, Turner filed a suit in Singapore seeking an injunction to restrain D&P from appearing in the arbitration. Turner asserted the Singapore Legal Profession Act forbade D&P from representing Builders Federal in the arbitration. Turner received an interim injunction restraining D&P from representing Builders Federal, and an appeal to the Singapore High Court ensued. Builders Federal argued the Singapore Legal Profession Act does not apply to arbitrations and does not forbid foreign attorneys from representing parties in arbitration proceedings in Singapore. On appeal, Turner asked for the interim injunction to continue, arguing that § 29(1) and § 30(1) of the Singapore Legal Profession Act forbade the participation of D&P as a measure to protect the public. Builders Federal countered that although the Legal Profession Act is intended to protect the public, the act does not apply to the representation of individuals who voluntarily agree to arbitrate disputes rather than litigate in a court of law. Builders Federal argued that individuals who choose to voluntarily engage in arbitration must be free to choose their representatives without restrictions like those placed on advocates and solicitors in a court of law.