Arbitration Agreement, India, Law governing the arbitration agreement

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Traditionally, arbitration agreements do not designate the law governing the arbitration agreement. In BCY v BCZ [2016] SGHC 249 (“BCY v. BCZ“), the Singapore High Court clarified the position in relation to the law applicable to the arbitration agreement where such choice is absent. In doing so, the High Court differentiated between the situations where…

Arbitral Tribunal, Arbitration, Arbitration Proceedings, Best practices, Commercial Arbitration, Confidentiality, Confidentiality and Transparency, HKIAC, ICC Arbitration, ICCA, ICSID Arbitration, Independence and Impartiality, Institutional Arbitration, International arbitration, Investment Arbitration, ISDS, LCIA Arbitration, Powers of the tribunal, Procedure, SCC Rules, Secretary of the Arbitral Tribunal, SIAC, Singapore International Arbitration Centre, Tribunal Secretary, Uncategorized

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“Help! I need somebody Help! Not just anybody Help! You know I need someone, help … And now my life has changed in oh so many ways, My independence seems to vanish in the haze …” Help raises a question of need, but does it lead to a loss of the fundamental decision-making power vested…

Arbitral seat, Arbitration, Arbitration Act, Singapore, Third party funding

(Clifford Chance Asia (in formal law alliance in Singapore between Clifford Chance Pte Ltd and Cavenagh Law LLP)), (Clifford Chance), and (Clifford Chance LLP)/ /Leave a comment

In recent years, international arbitration has emerged as a high-growth area for the litigation funding industry. All the major funders now have international arbitration cases in their portfolios, and many are aggressively seeking more – especially investment treaty cases. But the participation of funders in international arbitration raises a number of issues, some national and…

Evidence, Expert Conferencing, IBA Rules of Evidence, ICC Rules, Singapore

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Introduction Expert conferencing is undoubtedly gaining popularity in international arbitration. Many leading arbitrators are supporters and proponents of expert conferencing. Its attraction is growing in Singapore, as borne out by the results of a 2013 survey by the Singapore International Arbitration Centre. Expert conferencing can prove a baffling process for the lawyer trained to deal…

Appointment of arbitrators, Arbitral Tribunal, Arbitrators

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Introduction It is often said that the choice of a party-nominated arbitrator is the single most important decision a party will make in any arbitration. The right to appoint one of the decision-makers sets the arbitral process apart from litigation, and is touted as a key selling point. When exercising this right, it is now…