Interim Award

Appeal, Arbitration Procedure, Australia, Bifurcation of proceedings, Estoppel, Functus Officio, Interim Award, Set aside an arbitral award

(Level Twenty Seven Chambers) and (LK Law)/ /1 Comment
ACICA 45

In a recent decision, the Supreme Court of Western Australia (“WA”) Court of Appeal confirmed that courts have the conclusive authority to determine the jurisdiction of arbitral tribunals. The Commercial Arbitration Act 2012 (WA) (the “Act”) confers competence upon arbitral tribunals to determine their own jurisdiction. However, courts retain authority to review questions of jurisdiction….

COVID-19, Interim Award, Interim measures, New York Arbitration Week, Public Policy

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One of the highlights of New York Arbitration Week 2022 was “Choosing Wisely: The Challenge of Interim Measures in International Arbitration”—a panel jointly hosted by New York International Arbitration Center (NYIAC) and the Chartered Institute of Arbitrators, New York (CIArb-NY) on November 16, 2022.  Departing from the traditional format, the session featured two mock interim…

Appeal, Arbitration Procedure, Australia, Bifurcation of proceedings, Commercial Arbitration, Functus Officio, Interim Award

(Quayside Chambers) and (Quayside Chambers, Fountain Court Chambers)/ /2 Comments

Winston Churchill said in 1942 that the war was not at the end, adding: “It is not even the beginning of the end. But it is, perhaps, the end of the beginning”. When it comes to international arbitration, the beginning is easy enough to discern from the notice of arbitration. Divining the end can be…

2020 In Review, Arbitration Agreement, Consent, Equal Treatment, Good Faith, Interim Award, Interpretation of Contracts, Partial award, Res Judicata, Right to be heard, Switzerland

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This report highlights the most significant arbitration related decisions of the Swiss Federal Supreme Court (the “SFSC”) issued in 2020.   Tribunal’s Jurisdiction – Scope of Arbitration Agreement In 2020, the SFSC issued several decisions on the jurisdiction of an arbitral tribunal and on the determination of the objective (ratione materiae) and subjective (ratione personae)…

India, Interim Award, Singapore, Uncategorized

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Introduction The 2018 International Arbitration Survey: The Evolution of International Arbitration undertaken by the Queen Mary University and White and Case LLP found flexibility to be the third most valuable characteristic of international arbitration. The flexibility inherent in the arbitral process allows tribunals to conduct the proceedings (ideally) in an expeditious manner. One common method…

Arbitration, Enforcement, Interim Award, Interim measures, Interim Orders, interim relief

, (Linklaters)/ /1 Comment
Linklaters

So called “emergency arbitration” is raising considerable interest among international arbitration practitioners, as the importance of this tool aimed at protecting the parties’ rights either during the period between the filing of an arbitration request and the constitution of the arbitral tribunal or in the course of the proceedings, before the award is rendered, is…

Interim Award, Singapore

(Clyde & Co. LLP)/ /Leave a comment
Clyde & Co.

Introduction As reported by Clyde & Co for the Kluwer Arbitration Blog on 12 January 2015, the Singapore High Court released its decision in PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation (Indonesia) [2014] SGHC 146 relating to PT Perusahaan Gas’ (PGN) unsuccessful appeal of an interim arbitral award made in favour of…

Arbitral Award, Enforcement, Final Award, Interim Award, Singapore, Singapore International Arbitration Centre

(Clyde & Co. LLP)/ /1 Comment
Clyde & Co.

Singapore’s longstanding reputation as an arbitration friendly jurisdiction was reinforced in 2010 with the legislature’s adoption of the 2006 amendments to the UNCITRAL Model Law on International Commercial Arbitration. The 2006 UNCITRAL amendments concerned, among other matters, the use of interim awards in international arbitration, and recognised “the need for provisions in the Model Law…