Joyce Fong
Counsel
Joyce is an English-qualified solicitor advocate with over 10 years of experience in dispute resolution, specialising in international arbitration, mediation, and litigation. She focuses on complex, high-value, cross-border disputes, delivering strategic, pragmatic and commercially minded solutions. Joyce has represented clients across diverse sectors, including commodities, renewables, life sciences, transportation, construction, financial services, and entertainment.
Joyce’s experience spans a wide range of high-stakes matters, including defending misdelivery claims and insurance disputes on behalf of commodities clients in London and Singapore arbitrations; advising life sciences companies on SIAC arbitrations involving licensing and research agreements worth over USD 300 million; representing shipowners and charterers in complex LMAA arbitrations and cross-border enforcement matters; and handling construction and energy disputes across Asia and Central Asia, including geothermal and offshore projects. Joyce has also acted in high-value financial services and technology disputes, as well as international entertainment and media arbitrations.
Having grown up in Malaysia and based in Singapore since 2013, Joyce brings a nuanced understanding of the legal, cultural and commercial dynamics of the Asia Pacific region. She is skilled in navigating the rules of major arbitral institutions, including SIAC, ICC, LCIA, HKIAC and AIAC, and has extensive experience managing proceedings in jurisdictions including London, Singapore, South Korea, India, Hong Kong and Australia.
A recognised thought leader in international arbitration, Joyce regularly publishes insights on arbitration developments in Singapore and England and Wales, bridging legal expertise with practical business considerations to achieve successful dispute resolution outcomes.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2013
Experience
- Clifford Chance (2011 - 2013)
- Reed Smith (2013 - 2025)
Membership
- Chartered Institute of Arbitrators (Member)
- ArbitralWomen
- YIAG Regional Representative for Asia Pacific
- SMC Accredited Mediator
Qualifications
- MA (2009)
- LLM (2010)
Education
- University of Cambridge (2006)
- College of Law (2010)
9 Contributions by Joyce Fong
PRACTICE NOTES
2026 AIAC Arbitration Rules: institutional overhaul and award scrutiny, expanded fast-track and emergency relief, broader joinder, summary determination, funding disclosure, diversity in appointments, tribunal secretaries, mediation integration, revised fees
Introduction
The 2026 AIAC Rules mark a notable step forward from the 2023 AIAC Rules. Whereas the 2023 framework incorporated the UNCITRAL Arbitration Rules (revised in 2021), the 2026 edition moves away from that approach. Consequently, the 2026 AIAC Rules now function as a more unified, self-contained rule set and introduce the principal changes outlined below...
AIAC Court of Arbitration
A key reform in the 2026 AIAC Rules is the creation of the AIAC Court of Arbitration, led by a President and supported by a Registrar. This replaces the Director-focused structure of the 2023 AIAC Rules. Under the new arrangement, core responsibilities—such as appointing arbitrators, deciding challenges, and determining consolidation—are entrusted to the AIAC Court and/or its President. The Registrar manages the day-to-day conduct of arbitrations. This clear separation of roles brings the AIAC in line with governance models used by other leading international arbitral institutions. The AIAC Court is also responsible for a technical review of all draft awards, excluding Emergency Awards...
Arbitration
PRACTICE NOTES
AIAC Arbitration Rules (Malaysia): A Practitioner's Guide to Jurisdiction, Procedure, Tribunal Powers, Interim Measures, Confidentiality, Third-Party Funding and Settlement
Arbitral Tribunal’s jurisdiction
Separability
The Arbitral Tribunal is entitled to decide its own jurisdiction, including any objections concerning the existence or validity of the arbitration agreement. In doing so, it will have regard to the following principles (Rule 26.1):
an arbitration agreement incorporated within a contract is separable from the contract’s other provisions;
a finding that the contract is null and void will not, of itself, invalidate the arbitration agreement
Jurisdictional challenge
A party may mount a jurisdictional challenge even if it nominated the arbitrator being challenged, or asked the President of the AIAC Court to appoint or confirm the Arbitral Tribunal (Rule 26.4)...
Arbitration
PRACTICE NOTES
AIAC Arbitration Rules 2026 (Malaysia): commencement, adoption and automatic application, Court of Arbitration reform, continuity, fast track option, and ad hoc/UNCITRAL administration
Commencement
The 2026 AIAC Rules came into force on 1 January 2026 (Guideline and Application, para A)...
Context
Wider restructuring initiatives at the AIAC
Introducing the 2026 AIAC Rules forms part of broader reforms at the AIAC and embodies global best practice in commercial arbitration. Alongside the arbitration rules, the AIAC has issued refreshed rules for Islamic arbitration, mediation, and sports arbitration. A notable innovation arising from the 2026 AIAC Rules is the creation of the AIAC Court of Arbitration, which replaces the former Director‑centred model in the 2023 AIAC Rules. This recalibration brings the AIAC’s procedures into alignment with the benchmarks of other leading international arbitral institutions...
Objectives
The...
Arbitration
PRACTICE NOTES
AIAC Arbitration Rules 2026—Consolidation, Joinder and Summary Determination: Procedures, Timing and Decision-making
Consolidation Request
A party may ask the AIAC to combine two or more arbitrations administered under the AIAC Rules into one proceeding where (Rule 8.1):
the parties have agreed;
all claims and counterclaims are brought under the same arbitration agreement; or
the claims are advanced under multiple yet compatible arbitration agreements, there is a common question of law or fact, and the rights to relief sought arise from the same transaction or a series of related transactions.
The wording of Rule 3.1(c) does not make clear whether the ‘common question of law or fact’ limb is intended to apply alongside, or instead of, the ‘same or a series of related transactions’ limb. The former is newly introduced in the 2026 AIAC Rules, evidently aimed at expanding rather than narrowing the grounds for consolidation...
Arbitration
PRACTICE NOTES
AIAC Arbitration Rules on costs and deposits: tribunal and AIAC fee scales, fee agreements, deposits (PAD, APD, AD), expenses, cost allocation, reimbursement and refunds, and payment timing
Costs of the arbitration
The costs of the arbitration comprise the following listed items (Rule 47.1):
the Arbitral Tribunal’s remuneration;
the AIAC administrative fee payable;
reasonable outlays and expenses incurred by the Arbitral Tribunal;
any charges for the use of the AIAC’s facilities and any supplementary services;
any further costs as directed by the Arbitral Tribunal; and
any applicable taxes or other charges payable.
Arbitral Tribunal’s fees and AIAC administrative fee Quantum
The AIAC Court will determine and fix the fees of the Arbitral Tribunal and the AIAC administrative fee in line with the scales set out at both Schedules 1A (governing international arbitration) and 1B (governing domestic arbitration) respectively of the AIAC Rules (Rule 47.3). Such fees are assessed by reference to the amount in dispute, encompassing the value of any claims, any counterclaims, and any defence of set-off (Rule 47.3)...
Arbitration
PRACTICE NOTES
AIAC Arbitration Rules: Arbitrator Appointment (including Multi‑party and List Procedures), Impartiality and Independence, Challenges, Removal and Replacement, Tribunal Secretary and Fees
Appointment
General rules
The President of the AIAC Court acts as the appointing authority for arbitrations conducted under AIAC Rules (Rule 15.1). In exercising that power, s/he may request any information required from the parties and invoke the powers conferred by the AIAC Rules (Rule 15.4). Any nomination or pact by the parties to identify or appoint the Arbitral Tribunal is conditional upon the President confirming the appointment (Rule 15.5).
Number of arbitrators
The parties are free to agree and fix the number of arbitrators (Rule 15.2). If the arbitration agreement contains no such agreement, a sole arbitrator will be designated by default, unless the AIAC Court, on a party’s application, decides that the nature and complexity of the dispute justifies appointing three arbitrators instead (Rule 15.3)...
Arbitration
PRACTICE NOTES
AIAC Arbitration Rules: awards—decision-making, form, AIAC Court technical review, delivery, interpretation, correction, additional awards and publication
Decision making
The Arbitral Tribunal may issue distinct awards on various matters at varying stages and times, as needed (Rule 41.1). Where the Arbitral Tribunal comprises more than one arbitrator, any award or determination is resolved by a majority. If no majority can be reached, the presiding arbitrator will decide the award or determination alone, independently (Rule 41.2).
Form
An award is final and binding upon the parties (Rule 41.3)...
Arbitration
PRACTICE NOTES
AIAC Fast Track Arbitration Procedure: eligibility (agreement, USD 3m/RM 2m, urgency), deposits and fees, documents-only/sole-arbitrator process, termination, and six-month award deadline
Applicable rules
Except for matters covered by Rule 7 and outlined in this Practice Note, all other AIAC Rules will govern any arbitration carried out under the Fast Track Procedure (Rule 7.9).
Request
A party may seek application of the Fast Track Procedure when commencing the arbitration, or at any point prior to the constitution of the Arbitral Tribunal, if at least one of the following conditions is satisfied (Rule 7.1):
the parties have agreed to adopt the Fast Track Procedure or any edition of the AIAC Fast Track Arbitration Rules;
the amount in dispute in the notice of arbitration is below USD 3 million (for international arbitration) or RM 2 million (for domestic arbitration); or
there is exceptional urgency.
Where the request for the Fast Track Procedure is not based on the parties’ agreement, the President of the AIAC Court will decide it, taking into account all relevant circumstances (Rule 7.2).
Deposit and costs
Amount
After notifying the parties that the Fast Track Procedure applies to their arbitration, the AIAC will call for a deposit covering 100% of the estimated costs of the arbitration (Rule 7.5(a))...
Arbitration
PRACTICE NOTES
Emergency Arbitration under the AIAC Rules: Urgent Interim Measures, Requests, Appointment, Procedure, Orders and Costs
Request
A party in need of urgent interim relief, before the Arbitral Tribunal is constituted, may apply for the appointment of an emergency arbitrator (Rule 12.1). A request for an emergency arbitrator can be submitted (Rule 12.2):
before submitting the notice of arbitration;
when submitting the notice of arbitration; or
at any time prior to the constitution of the Arbitral Tribunal.
If the request is made before the notice of arbitration, the notice must be filed within 7 days thereafter (Rule 12.3)...
Arbitration
If you expected to see yourself on this page, click here.
