Wen Fi Chen (Assistant Editor for Australia, New Zealand and the Pacific Islands), Author at Kluwer Arbitration Blog

Admissibility, Competence-Competence, Fiji, Jurisdiction, Multi-tiered clauses, Pre-arbitral procedure, Repudiation

Housing Authority v Top Symphony: Non-compliance with a Multi-tiered Dispute Resolution Clause is Not Repudiation of an Arbitration Agreement

Wen Fi Chen (Assistant Editor for Australia, New Zealand and the Pacific Islands) (Munro Leys)/April 27, 2024April 26, 2024 /Leave a comment

This article discusses the approach taken by the High Court of Fiji (“Court”) on the oft written about topic of whether failure to adhere to a multi-tiered dispute resolution clause is an issue of jurisdiction or admissibility. As previously reported, last year, in Housing Authority v Top Symphony [2023] FJHC 301 (“Top Symphony”), the Court…

Amendment, Arbitration Act, Arbitration Reform, Papua New Guinea, UNCITRAL Model Law

Papua New Guinea’s New Arbitration Regime: A Catalyst to Make PNG an Arbitration Friendly Destination

Mathew Adadikam (Nambawan Super) and Wen Fi Chen (Assistant Editor for Australia, New Zealand and the Pacific Islands) (Munro Leys)/March 17, 2024March 16, 2024 /Leave a comment

On 20 February 2024, Papua New Guinea (“PNG”) passed a dual-track legislative regime regulating arbitration (“New Arbitration Regime”), with the Arbitration (International) Act 2024 (“IAA”) governing international arbitration and a separate Arbitration (Domestic) Act 2024 (“DAA”) governing domestic arbitration. The New Arbitration Regime will come into operation upon the publication of a notice in the…