Private Practitioner

Filipino

Philippines; England & Wales

Philippines

Construction and Infrastructure
• Advised a major construction company regarding a potential arbitration relating to the construction of a water reclamation facility
• Acted as HKIAC counsel in multiple applications for the appointment of an arbitrator in various disputes relating to public infrastructure projects in Hong Kong
• Acted as HKIAC counsel in multiple applications for the appointment of an arbitrator in various disputes relating to casino construction projects in Macau
• Acted as HKIAC counsel in an administered arbitration between a Chinese claimant and respondents from China and Saudi Arabia relating to the installation of submarine power cables
• Acted as HKIAC counsel in an administered arbitration between a major architecture firm and a major theme park relating to the construction of a new park attraction
• Acted as HKIAC counsel in an administered arbitration between a contractor and its sub-contractors relating to the construction of a casino in Macau, China
• Acted as HKIAC counsel in an administered arbitration between a claimant from UAE and respondents from Korea and Saudi Arabia relating to the construction of a cultural center
• Advised a major Philippine conglomerate in relation to the financing, design, construction, testing, and operation of an airport close to a major beach and diving destination in the Philippines
• Advised a major Philippine conglomerate in relation to the financing, design, construction, testing, and operation of a light railway system in Metro Manila
• Advised a major Philippine conglomerate in relation to the financing, design, construction, testing, and operation of a highway between Metro Manila and major cities south of Metro Manila
• Advised and represented a multinational heavy equipment manufacturer in relation to multiple mediation and civil litigation proceedings in Philippine courts arising from breaches of service agreements and master finance lease agreements
• Advised and represented a Philippine employer in a construction dispute against the main contractor arising from the construction of a twin-tower building in a business district in Metro Manila, Philippines
• Advised an Australian-Philippine joint venture energy company in relation to interior and architectural, civil and electrical works of its Philippine office
• Advised a Japanese company in relation to the drafting of documents relating to the construction of a LPG-refilling plant in the Philippines
• Advised an American household cleaning supplies manufacturer in relation to the construction of a factory and its Philippine subsidiary’s main office at a special economic zone in the Philippines

Energy and Resources
• Advised a leading petrochemical company in several potential investment treaty arbitrations under the ICSID Convention against the Philippines
• Acted as HKIAC counsel in an administered arbitration between a claimant from Hong Kong and respondents from Singapore and Indonesia arising from an agreement for the sale and purchase of bauxite
• Acted as HKIAC counsel in an administered arbitration between an American claimant and a respondent from China arising from an agreement for the production and sale of mono or poly crystalline photovoltaic modules
• Advised and represented a solar energy company in relation to a joint venture and supply agreement dispute that led to an arbitration under the arbitration rules of the International Chamber of Commerce
• Advised and represented a multinational petroleum company in refusing the enforcement of a foreign judgment in the Philippines arising from a class action suit from the United States
• Advised and represented an Italian company in relation to multiple civil and criminal proceedings in the Philippines arising from breaches of multiple agreements relating to a wind power project in the Philippines
• Represented and advised multiple Philippine petroleum companies in a court litigation against the city government of Manila in relation to an ordinance imposing mandatory relocation of oil depots
• Advised and represented a Norwegian company in various disputes in the Philippines relating to joint venture agreements with Philippine companies and applications for mining licenses
• Advised and represented a Canadian company in proceedings before the mining board of the Philippines relating to the denial of an application for an exploration permit
• Advised and prepared documentation for a Japanese company in relation to the purchase of a coal-fired thermal power plant in the Philippines
• Advised an American company in relation to a bidding conducted by the Philippine government for the operation of a geothermal power plant
• Advised and represented a Swiss company based at a Philippine special economic zone in a dispute against a Philippine electricity distribution utility arising from an electricity supply agreement
• Advised and represented a major shareholder in a Philippine steel company in an intra-corporate dispute relating to alleged breaches of a shareholders’ agreement and the Philippine Corporation Code
• Advised a Canadian company in relation to a joint venture agreement with a Philippine company relating to a mineral production sharing agreement

Logistics and Aviation
• Acted as HKIAC counsel in an administered arbitration between two Hong Kong entities arising from an agreement for the maintenance of passenger aircrafts
• Represented an American logistics service provider in a service agreement dispute, in an international commercial arbitration administered under the arbitration rules of the Philippine Dispute Resolution Center
• Represented an Americanl logistics service provider in a service agreement dispute, in an international commercial arbitration administered under the arbitration rules of the International Chamber of Commerce
• Advised and represented a Belgian company in relation to disputes with the Philippine Air Force arising from the supply of brand new aircraft engines leading to arbitral award enforcement proceedings in the Philippines
• Advised and represented a Canadian company in relation to disputes with the Philippine Air Force arising from an agreement to maintain and/or overhaul aircraft engines leading to arbitral proceedings in Canada and court proceedings in the Philippines
• Advised and represented various airlines against suits for damages including one filed by a prominent Filipino senator against a major American airline
• Advised a Japanese propeller manufacturer in the sale of its Philippine subsidiary’s shares of stock to the subsidiary of another Japanese propeller manufacturer based at a special economic zone in the Philippines

Technology
• Advised a Japanese billboard company regarding a potential arbitration against a Philippine agency
• Advised and represented a Japanese technology company in various court and arbitral proceedings relating to the termination of distributorship agreements in the Philippines
• Advised and represented a major multinational mobile phone manufacturer in relation to various consumer complaints before the Philippine Department of Trade and Industry
• Advised and represented an American business process outsourcing company in disputes relating to its investments in the Philippines
• Advised and represented a major American technology company in relation to civil court proceedings in the Philippines arising from alleged breaches of a licensing agreement
• Advised a French-Italian multinational electronics and semiconductor manufacturer in setting up business at a special economic zone in the Philippines, including preparing joint venture and distributorship agreements

Other sectors
• Represented a leading grower of bananas in the Philippines in a production sharing agreement dispute against a multinational food company, in an international commercial arbitration administered under the arbitration rules of the International Chamber of Commerce
• Acted as foreign assisting counsel in a land purchase dispute, in an international commercial arbitration administered under the arbitration rules of the Singapore International Arbitration Centre
• Represented the State in the first successful criminal proceedings in the Philippines relating to animal cruelty and human trafficking arising from the production and sale of “crush videos” outside the Philippines
• Represented an American religious organization in multiple civil litigation proceedings in the Philippines relating to the distribution of religious materials
• Represented an American pesticide company against its distributors in the Philippines in multiple disputes relating to the purchase of pesticides
• Advised a Thai paper company in relation to a dispute with its Philippine insurer arising from damages caused by defective factory equipment
• Represented a multinational powdered milk producer in court proceedings in the Philippines in a series of disputes arising from alleged false advertisements made by another multinational milk producer
• Advised a Japanese pharmaceutical company’s subsidiary in relation to the termination of a distributorship agreement with its distributor in the Philippines
• Represented an insurance company in a dispute arising from an insurance claim by a major Philippine real estate company relating to the destruction of mall premises caused by acts of terrorism
• Represented and advised a major Philippine bank and its officers in defense of alleged violation of banking regulations before the Central Bank of the Philippines and Philippine courts
• Advised a multinational pesticide company in relation to the sale of its shares of stock to a competitor

Compliance
• Advised an multinational technology company in relation to a potential investigation under the US Foreign Corrupt Practices Act arising from its dealings with an agency from the Philippines
• Advised an American logistics company in relation to a potential investigation under the US Foreign Corrupt Practices Act arising from its dealings with an agency from the Philippines
• Advised a multinational health equipment manufacturer and distributor in relation to a potential investigation under the US Foreign Corrupt Practices Act arising from the procurement of equipment by several Philippine government hospitals
• Prepared “dawn raid guidelines” in preparation for potential government searches in the premises of a multinational pharmaceutical company
• Represented and advised a major Japanese logistics company in relation to smuggling allegations made by Philippine customs authorities

ADR conferences and rules drafting
• Prepared revisions to the arbitration and mediation rules of the Hong Kong International Arbitration Centre
• Prepared revisions to the fund-holding services terms of the Hong Kong International Arbitration Centre
• Spoke at various conferences, including the World Mediation Conference in Bangkok (2016), the Asialaw Asia Pacific In-House Counsel Summit in Hong Kong (2015 and 2016), and the Asia Mena In-House Congress in Manila (2015)
• Prepared amendments to the Philippine arbitration law as a member of the Technical Working Group for Arbitration organized by the Philippines’ Office for Alternative Dispute Resolution
• Prepared revisions to the arbitration and mediation rules of the Philippines Dispute Resolution Centre
• Spoke at seminars organized by the Integrated Bar of the Philippines, the Philippine Dispute Resolution Center, and the Philippine Institute of Arbitrators

English, Filipino

2019
LONDON SCHOOL OF ECONOMICS AND POLITICAL SCIENCE
Master of Laws in International Business Law with Merit (courses on US and EU Competition Law, Law of Corporate Finance, Financial Crimes, Climate Change and International Law, International Dispute Resolution, Investment Treaty Arbitration, and Advanced International Commercial Arbitration)
Chevening Scholar; LLM Advisor, LSE International Arbitration Society

2004-2008
ATENEO DE MANILA UNIVERSITY (Philippines)
Juris Doctor, Second Honors
Top 6 of 154 graduates
Recipient, St. Thomas More Award for Most Distinguished Graduate
Dean’s list in all semesters ; Chairperson, Students’ Magna Carta Drafting Commission
Vice President for External Affairs, Ateneo Human Rights Center Council of Interns

2000-2004
UNIVERSITY OF THE PHILIPPINES MANILA (Philippines)
Bachelor of Science in Public Health, Cum laude
Top 5 of 37 graduates ; Consistent academic scholar
President, College of Public Health Student Council ; Student Representative, University Assembly

www.linkedin.com/in/jaypatricksantiago

PUBLICATIONS
• Co-author, “The Philippine Arbitration Day: A Barometer of the State of Philippine Arbitration”, Kluwer Arbitration Blog, January 2020
• Co-author, “The Philippines’ Pro-Arbitration Policy: A Step Forward Gone Too Far?”, Kluwer Arbitration Blog, April 2019
• Contributor, Foreign Investment and Investment Arbitration in Asia, Intersentia (January 2019)
• Author, Challenges Against Arbitrators: The HKIAC Way, Asian Dispute Review (April 2017)
• Author, Arbitration in the ASEAN, Corporate Disputes Magazine (July 2016)
• Contributor, PIArb Commercial Arbitration Handbook, Anvil Publishing, Inc. (2015)
• Contributor, Mediation in Asia, Sweet & Maxwell (2015)
• Author, Arbitration in the Philippines, Corporate Disputes Magazine (July 2015)
• Contributor, Baker McKenzie Dispute Resolution Around the World (2014)
• Contributor, Baker McKenzie International Arbitration Yearbook (2011-2013)
• Co-author, The Philippine Contribution to the Movement Towards Sustainable Energy: A Look at the Philippines' Renewable Energy Act of 2008, International Financial Law Review (2009)

RECENT SPEAKING ENGAGEMENTS
• Speaker, "Arbitration in Practice: a close look at the IBA Guidelines on Conflicts of Interest in International Arbitration", International Bar Association Asia Pacific Arbitration Group, July 2020
• Speaker, "The Impartiality and Independence Standard: Is Your Arbitral Institution Biased?", 2nd CIAdr Webinar Series in Bangladesh, May 2020
• Speaker, "CALCC COVD-19 Law Series: The Philippines", China ASEAN Legal Corporation Centre in Malaysia, May 2020
• Speaker, "ASEAN-China Investment Agreement ", ASEAN-China Legal Forum in Malaysia, November 2019
• Speaker, "Careers in Arbitration", 1st Arbitration Day in the Philippines, November 2019
• Speaker, "Young Approaches to Expert Witnesses", Joint CIArb and YDRF Event in Indonesia, November 2019
• Speaker, "Blockchain and AI in ADR", CIArb YMG Annual Conference in Hong Kong, April 2019

• Regional Director - Centre for International Alternative Dispute Resolution (2020-present)
• Regional Ambassador - International Bar Association, Asia Pacific Arbitration Group (2020-present)
• Member - Expert Pool of the Benchmark Chambers International & Benchmark International Mediation Center (2020-present)
• Member of In-House Committee - ICC Young Arbitrators Forum
• Regional Ambassador - HK45 (2019-2022)
• Country Representative (Philippines) - Asia-Pacific Forum for International Arbitration (2019-2020)
• Trustee - Philippine Institute of Arbitrators (2014-present)
• Founding Co-Chair - Young PIArb (Philippine Institute of Arbitrators)
• Member - Philippine Dispute Resolution Center, Inc., Chartered Institute of Arbitrators (East Asia Branch), Asian Institute of Alternative Dispute Resolution, Young ICCA (International Council for Commercial Arbitration), HK45, ICC Young Arbitrators' Circle, ASEAN Law Association, and Phi Kappa Phi International Honors Society

Jay Patrick R. Santiago is a Trustee of the Philippine Institute of Arbitrators. He is an independent ADR practitioner based in the Philippines. He is an attorney in the Philippines and a qualified solicitor in England & Wales with over 12 years of legal experience in Hong Kong and Manila. He is a member of the Chartered Institute of Arbitrators (East Asia Branch) and the Co-Chair of the CIArb YMG Philippine Chapter.

Jay is an accredited arbitrator of the Philippine Dispute Resolution Center, the Philippine International Center for Conflict Resolution, and the Office for Alternative Dispute Resolution of the Philippines, which qualifies him to be an arbitrator in arbitrations involving government agencies in the Philippines. He is part of the Expert Pool of the Benchmark Chambers International & Benchmark International Mediation Center. He is a member of the Professional Development & Education Committee of the Asian Institute of Alternative Dispute Resolution and is currently an Ambassador of the International Bar Association’s (IBA) Asia Pacific Arbitration Group.

Before joining Kyndryl in September 2021, Jay's practice focused on (a) corporate restructuring and insolvency proceedings and (b) international dispute resolution, particularly international commercial arbitration and investor-state dispute settlement. He also has substantial experience in mediation, investigations & legal compliance, M&A, corporate housekeeping, intra-corporate disputes, government procurement, cybercrime litigation, and white-collar criminal litigation.

His legal experience includes:

1. managing over 200 ad hoc and administered arbitrations under the HKIAC Administered Arbitration Rules and UNCITRAL Arbitration Rules, including (a) appointing arbitrators; (b) deciding the number of arbitrators; (c) deciding applications for expedited procedure, consolidation, or joinder of parties; (d) assisting in deciding challenges against arbitrators; and (e) reviewing arbitral awards;
2. representing parties in international and domestic commercial arbitrations;
3. acting as an arbitrator;
4. representing parties in commercial, criminal, and tax litigation, and intra-corporate disputes; and
5. advising clients in relation to general commercial transactions, corporate and regulatory compliance, government procurement, and mergers and acquisitions.

Jay authored chapters in various publications, including the Asia Mediation Handbook (Sweet & Maxwell, 2015), Foreign Investment and Investment Arbitration in Asia (Intersentia, 2019), and Arbitration in Asia (in the Russian language) (Kiaplaw, 2021).

Jay obtained his Master of Laws in International Business Law with Merit as a Chevening scholar at the London School of Economics and Political Science. He also acted as the LSE International Arbitration Society’s LLM Advisor. He obtained his Juris Doctor degree (second honors; St. Thomas More Most Distinguished Graduate Awardee) from the Ateneo De Manila University, where he now teaches Private International Law. He also has a bachelor's degree in public health (cum laude) from the University of the Philippines.