Jonathan Lim
Jonathan Lim is a Senior Associate with WilmerHale in London. He has represented governments and private corporations in commercial and investment arbitrations under all major arbitration rules sited across Africa, Asia, Europe and South America. He has also advised governments in Africa and Asia on a range of public international law issues and the drafting of arbitration legislation. In addition to his practice as counsel, Jonathan has a developing practice as an arbitrator, with appointments as sole and party-appointed arbitrator in proceedings seated in Europe and Asia. Jonathan also co-teaches a course on international arbitration at the National University of Singapore each January.
He is listed in Who's Who Legal 2018 as a Future Leader in International Arbitration, and has been described by clients and peers as "a very smart all-round lawyer with a strong work ethic" and “a sure bet as a future global leader.”
Practice Area
Panel
- Contributing Author
Qualified Year
- 2014
Membership
- The Committee (Singapore) for the CIArb Young Members Group
- Secretary to the Asia-Pacific Forum on International Arbitration
- Member of its Executive Committee
- Member of the International Council for Commercial Arbitration, the Young International Arbitration Group and ICC Young Arbitrators Forum
- Appointed to the SIAC Users Council, the Young Singapore International Arbitration Centre Steering Committee
Education
- LL.M, Harvard Law School
10 Contributions by Jonathan Lim
PRACTICE NOTES
Comparative guide to post-award remedies under ICC, LCIA, HKIAC, SIAC, DIAC, ICDR and UNCITRAL: corrections, interpretations, additional awards and exhaustion before court challenges
This Practice Note
This Practice Note outlines the narrow bases on which a party to international arbitration may seek the correction, review or interpretation of an award from either the arbitral tribunal or the administering institution, under institutional rules including:
International Court of Arbitration of the International Chamber of Commerce (ICC)
London Court of International Arbitration (LCIA)
Hong Kong International Arbitration Centre (HKIAC)
Singapore International Arbitration Centre (SIAC)
Dubai International Arbitration Centre (DIAC)
International Centre for Dispute Resolution (ICDR)
United Nations Commission on International Trade Law (UNCITRAL) arbitration rules
It also considers whether, under these frameworks, parties may challenge or appeal arbitral awards before tribunals or institutions, where applicable, and concludes that such avenues are generally unavailable within the institutional process and must instead be pursued before the courts at the seat of arbitration...
Arbitration
PRACTICE NOTES
Costs under the PCA Arbitration Rules 2012 (with 2024 Optional Protocols): arbitrators' fees, allocation of legal costs, and deposits; oversight by the International Bureau and Secretary-General
This Practice Note explains how arbitration costs are to be set in proceedings under the PCA Arbitration Rules 2012 (with Optional Protocols adopted in 2024) (PCA Rules), and addresses the following:
the assessment of arbitrators’ fees and expenses
the allocation of the parties’ legal costs
how and when deposits towards the costs of the arbitration are to be paid
Definition of costs
PCA Rules, art 40 deals with the costs of the arbitration. It broadly mirrors the corresponding provision in the UNCITRAL Arbitration Rules (UNCITRAL Rules), but PCA Rules, art 40(2)(f) also captures the 'fees and expenses of the International Bureau' within the meaning of 'costs'. Under PCA Rules, art 40(1), the tribunal will fix the costs of the arbitration in the final award or, where it considers it appropriate, in a separate decision. PCA Rules, art 40(2) then sets out an exhaustive list of the possible fees and expenses that fall within the costs of the arbitration. It is an exhaustive provision as to cost components...
Arbitration
PRACTICE NOTES
PCA Arbitration Rules 2012 and 2024 Optional Protocols: tribunal decisions; award form, effect and scrutiny; applicable law/amiable compositeur; settlement or termination; post-award interpretation, correction and additional awards
This Practice Note explains how a tribunal reaches a decision or award under the PCA Arbitration Rules 2012 (with Optional Protocols adopted in 2024) (the PCA Rules). It summarises provisions concerning:
the form and effect of the award,
applicable law or amiable compositeur,
settlement or termination of proceedings in circumstances other than the issue of an award.
It also outlines how a party may apply for interpretation or correction of an award, and how a party may seek an additional award.
Decisions
PCA Rules, art 33(1) states that, where there is more than one arbitrator, awards or decisions are made by a majority. Under PCA Rules, art 33(2), on procedural matters the presiding arbitrator may decide alone if there is no majority, or if the tribunal so authorises, with that decision remaining subject to revision by the tribunal. This mirrors the UNCITRAL Arbitration Rules (UNCITRAL Rules), art 33.
Form and effect of the award
PCA Rules, art 34 sets out the form and effect of arbitral awards...
Arbitration
PRACTICE NOTES
PCA Arbitration Rules 2012: Secretary-General as appointing authority, tribunal constitution, multi-party appointments, challenges and replacements of arbitrators, hearings on replacement, and exclusion of liability
Appointing authority
This Practice Note outlines the automatic designation of the Secretary-General of the Permanent Court of Arbitration (PCA) as the appointing authority under the PCA Arbitration Rules 2012 (the PCA Rules), the specific manner in which a tribunal is formed under the PCA Rules, and the procedures for both challenging and replacing arbitrators. It further addresses the exclusion of liability for the tribunal and any persons it appoints. Under PCA Rules, art 6(1), the Secretary-General of the PCA is designated to act as appointing authority under the PCA Rules. The appointing authority’s central and primary function is to facilitate the constitution of an appropriate tribunal, by resolving difficulties that occur in putting the tribunal in place, for example when the parties fail to agree on a nominee for a sole or presiding arbitrator. In that capacity, the PCA Secretary-General may select an arbitrator if the parties do not reach agreement within a set period. The Secretary-General also keeps a roster of PCA Members of the Court, nominated by PCA Member States and available to serve as arbitrators in PCA-administered matters, together with specialised panels of arbitrators and experts for environmental- and space-related disputes...
Arbitration
PRACTICE NOTES
PCA arbitrations: procedural framework under the 2012 Rules and 2024 Optional Protocols: pleadings, evidence, hearings, interim measures, jurisdiction, default and expedited procedure
This Practice Note explains how proceedings are run under the PCA Arbitration Rules 2012 (including the Optional Protocols adopted in 2024) (the PCA Rules). It identifies the core provisions governing the presentation of parties’ submissions and evidence, the handling of jurisdictional challenges and requests for interim measures, the conduct of hearings, and the steps for closing the proceedings...
General provisions
Under PCA Rules, art 17, the general framework for the conduct of arbitral proceedings is prescribed, mirroring to a large extent art 17 of the UNCITRAL Arbitration Rules (UNCITRAL Rules). Article 17(1) of the PCA Rules authorises the tribunal to manage the arbitration as it considers suitable, provided the parties are treated equally and each is afforded a reasonable chance to present its case. The same provision further requires the tribunal to run the case so as to prevent unnecessary delay and cost, and to secure a fair and efficient process...
Arbitration
PRACTICE NOTES
PCA in international arbitration: appointing/designating authority under UNCITRAL, registry services for ad hoc and treaty arbitrations (ECT/UNCLOS), arbitrator challenges and fees, costs and Financial Assistance Fund
This Practice Note explores the role of the Permanent Court of Arbitration (PCA) as an appointing authority and, by default, as a designating authority in international arbitration, as well as its other administrative functions, including registry support, in cases not conducted under the institution’s own arbitration rules. For guidance on arbitration proceedings pursuant to the PCA Arbitration Rules, see: PCA arbitration-overview.
History of the PCA and its institutions
Before examining the PCA’s present, practical contribution to resolving international disputes, it is useful to consider aspects of its background.
The PCA originated in the late 1880s, a turbulent period marked by mounting international frictions and advances in weaponry, when recourse to armed force was widely regarded as the principal method for states to pursue objectives and settle disputes (S Rosenne, The Hague Peace Conferences of 1899 and 1907 and International Arbitration-Reports and Documents (TMC Asser Press, 2001) (Rosenne), xv; G Best, Peace Conferences and the Century of Total War: the 1899 Hague Conference and What Came After (1999) 75(3) Int’l Affairs 619 (Best), 619–620). Aiming to ease the financial strain that militarisation imposed on Russia, Tsar Nicholas II called...
Arbitration
PRACTICE NOTES
Permanent Court of Arbitration Rules: scope and waiver of immunity, UNCITRAL transparency, 2024 optional protocols, and commencing proceedings (notice, time limits, response, representation)
What is the PCA?
The Permanent Court of Arbitration (PCA) is the oldest intergovernmental organisation devoted to enabling the peaceful settlement of international disputes. Based in The Hague, it was created by the 1899 Convention for the Pacific Settlement of International Disputes, signed at the close of the first Hague Peace Conference in 1899. Initially centred on state‑to‑state arbitration, the PCA now administers and offers related services for matters involving states, state‑controlled entities, intergovernmental organisations and private parties...
The PCA Arbitration Rules
In December 2012, the PCA issued its Arbitration Rules (the PCA Rules). These Rules superseded and replaced four earlier PCA rule sets:
1992 Optional Rules for Arbitrating Disputes between Two States (PCA State/State Rules)
1993 Optional Rules for Arbitrating Disputes between Two Parties of Which Only One is a State (PCA State/International Organisation Rules)
1996 Optional Rules for Arbitration Involving International Organisations and States, and
1996 Optional Rules for Arbitration between International Organisations and Private Parties
The PCA Rules combined the former frameworks into a single instrument and refreshed them to align with contemporary practice...
Arbitration
PRACTICE NOTES
SIAC Investment Arbitration Rules 2017: scope, procedure, early dismissal, emergency relief, third-party funding and transparency—comparisons with ICSID, PCA and SCC
An introduction to the SIAC Investment Arbitration Rules (2017)
From 1 January 2017, the Singapore International Arbitration Centre (SIAC) Investment Arbitration Rules (SIAC IA Rules) took effect, applying—where agreed—to investment arbitrations begun on or after that date. Although tailored for disputes involving states, state-controlled entities or intergovernmental organisations, the SIAC IA Rules draw on features of SIAC’s international commercial arbitration rules to make investment proceedings more straightforward and efficient. They seek to respond to common user concerns, notably the belief that cases last too long and that the process can lack openness. The SIAC IA Rules also introduce several novel provisions tackling current themes, including third-party funding and emergency interim relief. These Rules emerged from a wide public consultation launched on 1 February 2016, when SIAC circulated a draft of the SIAC IA Rules for feedback—see News Analysis: Draft SIAC Investment Arbitration Rules 2016—an overview. SIAC then received and evaluated extensive submissions from law firms and in-house counsel based in jurisdictions across Africa, Asia, Europe, the Middle East and North America. The draft rules were...
Arbitration
PRECEDENTS
Arbitration preliminary meeting: claimant's agenda and submissions, with draft Procedural Order No. 1
Between : [ Insert name of CLAIMANT ] Claimant - and - [ Insert name of RESPONDENT ] Respondent
Claimant’s proposed agenda and submissions for preliminary meeting to be held on [ insert date ]
1 Before this preliminary hearing, the parties have endeavoured, through correspondence, to reach agreement on diverse procedural issues. [ Refer to any key correspondence copied to the tribunal on these matters...
Arbitration
PRECEDENTS
Arbitration Procedural Order No. 1: Directions on Submissions, Evidence, Document Production and Hearings Following the Preliminary Meeting
Following duly received submissions from representatives of the [ Claimant OR Claimants ] and the [ Respondent OR Respondents ] (the Parties) at the preliminary meeting on [ date ], the Tribunal directs as follows:
1 Applicable arbitration rules
1.1 The arbitration will be conducted under [ insert applicable arbitration rules ] as in effect on [ insert date ].
1.2 The Parties and the Tribunal may consult the IBA Rules on the Taking of Evidence in International Arbitration (the IBA Rules) for guidance; they are not binding, and the Tribunal retains discretion at all times over the procedural management of the arbitration.
1.3 [ [ Where appropriate, include a statement on the law governing the substantive dispute and/or the arbitration ]. ]
2 Seat and language of the arbitration
2.1 The juridical seat of the arbitration is [ insert place ]. Subject to appropriate consultation with the Parties, the Tribunal may hold meetings and hearings in other venues.
2.2 The language of these proceedings is [ insert language ]. [ If required, clarify, where necessary, any need for translation and the method by which it should be supplied ] ....
Arbitration
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