Singapore

Arbitration Agreements, Courts, Singapore, Singapore International Arbitration Centre, UNCITRAL Model Law

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

By a recent judgment in Malini Ventura v Knight Capital Pte Ltd and others [2015] SGHC 225 (“Malini“), the Singapore High Court affirmed its commitment to the primacy of arbitration even in situations where the existence of the arbitration agreement is in question. In Malini, Prakash J decided that prima facie existence of an arbitration…

Advocacy, Arbitration, Singapore

(Advocate, Arbitrator and Mediator)/ /3 Comments
Clyde & Co.

for YSIAC In an age of ever-increasing complexity, where your watch can open your garage and answer your phone (yes, the Apple watch can really do that), many of us in the international arbitration community have lost sight of the most powerful weapon in the advocate’s toolbox: simplicity. A previous post on this blog eloquently…

ADR, Arbitration, European Union, Mediation, Singapore, Transatlantic Trade and Investment Partnership

(Herbert Smith Freehills LLP)/ /Leave a comment
Herbert Smith Freehills

At the CIARB’s London centenary conference earlier this month, the Honourable Chief Justice of Singapore, Sundaresh Menon, cautioned that: “we should remain mindful that there is no place for complacency or reason to assume that [the] international system of dispute resolution which so many have invested so much in, will continue on its recent trajectory…

Asia-Pacific, Commercial Arbitration, Domestic Courts, Enforcement, International arbitration, Investment Arbitration, Recognition and enforcement of arbitral award, Singapore, Singapore International Commercial Court

(Mayer Brown LLP)/ /Leave a comment

and Paul Tan, Rajah & Tann Singapore LLP Short answer: Yes for some actions, but not all. Here is why. The Singapore International Commercial Court (“SICC”) was launched in January 2015 and provides litigants with the benefits of court proceedings and international arbitration without the constraints and setbacks of either option. Thus far, murmurs of…

Interim Award, Singapore

(Clyde and Co) and (Clyde & Co.)/ /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…

Arbitrator Challenges, Hong Kong, Singapore, Uncategorized, UNCITRAL Model Law

(Rajah & Tann Singapore LLP)/ /Leave a comment

and Alessa Pang, Rajah & Tann Singapore LLP Arbitrator challenges for inordinate delay can be awkward. However, what happens if the arbitrator decides to render an award before the challenge is concluded? Does rendering the award resolve the matter? Under Article 14(1) of the UNCITRAL Model Law (“Model Law”), an arbitrator’s mandate may be terminated…

Awards, Expedited arbitration, Singapore, Singapore International Arbitration Centre

, (Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment
WilmerHale

The availability of expedited procedures providing for fast-track arbitration is by now commonplace under many modern institutional rules; however, the effectiveness of these mechanisms lies ultimately in enforcement and set-aside proceedings before national courts. In AQZ v ARA,1)(2015) SGHC 49. the Singapore High Court recently had to consider, for the first time, a challenge to…

BIT, Evidence, Jurisdiction of the arbitral tribunal, Singapore

(Rajah & Tann Singapore LLP)/ /Leave a comment

and Paul Tan, Jawad Ahmad and Victor Steinmetz, Rajah & Tann Singapore LLP In what marks the first time where a Singapore court reviews an investment arbitral tribunal’s jurisdiction, the High Court held in Government of the Lao People’s Democratic Republic v Sanum Investments Ltd [2015] SGHC 15 that, contrary to the tribunal’s findings, the…

Appointment of arbitrators, Arbitrators, India, Singapore, Singapore International Arbitration Centre

, (Wilmer Cutler Pickering Hale and Dorr LLP)/ /4 Comments
WilmerHale

In the recent case of Pricol v. Johnson Controls (Pricol Limited v. Johnson Controls Enterprises Ltd and Ors, Arbitration Case (Civil) No.30 of 2014), the Supreme Court of India declined to intervene in an international arbitration with the SIAC as appointing authority, upholding the parties’ chosen mechanism in a well-reasoned decision which was marked by…

Arbitration, Singapore, Singapore International Commercial Court

, (Herbert Smith Freehills LLP)/ /3 Comments
Herbert Smith Freehills

At the opening of the legal year in Singapore on 5 January 2015, the Singapore International Commercial Court (“SICC“) was officially launched. In the words of Chief Justice Menon, the SICC is intended to “build upon and complement the success of [Singapore’s] vibrant arbitration sector and make [Singapore’s] judicial institutions and legal profession available to…

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

(Clyde and Co) and (Clyde & Co.)/ /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…

Domestic Courts, Set aside an arbitral award, Singapore

(Clyde and Co) and (Legaleidescope)/ /Leave a comment
Clyde & Co.

International arbitration must of necessity rely on the courts to uphold and enforce arbitral awards and to support the arbitral process. In words of Professor Jan Paulsson, “the great paradox of arbitration is that it seeks the cooperation of the very public authorities from which it wants to free itself.” (Jan Paulsson, Arbitration in Three…

Set aside an arbitral award, Singapore

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Hogan Lovells

The Singapore courts have a well-earned reputation for supporting arbitration proceedings and favouring minimal curial intervention. That reputation has been enhanced by a number of recent decisions in which the courts have either granted stays of court actions pending the resolution of arbitration proceedings or rejected applications for arbitral awards to be set aside, including…