Trust

Accountability, Anonymity of arbitrators, Apparent bias, arbitrators’ conduct, Breach of natural justice, Fair hearing, International arbitration, Scope of Confidentiality, Set aside an international arbitral award, Trust

(HFW Singapore LLP) and / /Leave a comment

The judgment of the Singapore International Commercial Court (the “Court”) in DJO v DJP and others [2024] SGHC(I) 24 (“DJO”) provides helpful guidance on when an award may be set aside for breach of natural justice. While setting-aside applications do not generally succeed given the well-established principle of minimal curial intervention, the Court undoubtedly reached…

Arbitrability, Bahamas, Caribbean, Latin America, Trust

(Linklaters)/ /1 Comment

On 28 December 2023, the Supreme Court of the Commonwealth of the Bahamas (the “Court”) delivered a consolidated judgment in Gabriele Volpi v. Delanson Services Limited & 2 others and Delanson Services Limited v. Matteo Volpi and 2 others (“Judgment”), resolving a longstanding trust dispute between Italian-Nigerian billionaire, Gabriele Volpi (“Gabriele”) and his son, Matteo…

Anti-arbitration, India, Injunction, Jurisdiction, Trust

(JSA, Advocates & Solicitors) and (J. Sagar Associates)/ /Leave a comment

In a recent decision, Bina Modi and Ors. v. Lalit Modi and Ors., CS(OS) 84 and 85/2020, a single judge of the Delhi High Court has cast doubt on the jurisdiction of Indian courts to grant injunctions restraining arbitral proceedings (popularly called anti-arbitration injunctions). While the grant of anti-arbitration injunctions by Indian courts has been…

Arbitration, Arbitration Act, New Zealand, Reform, Trust

(Bankside Chambers)/ /Leave a comment

Introduction On 8 May 2019, the Arbitration Amendment Act 2019 (the Amendment Act) came into force.  It amends the Arbitration Act 1996 and is a much watered-down version of the original proposal.  The Amendment Act makes three changes: (i) the insertion of a new waiver sub-clause in Article 16 of Schedule 1 of the Arbitration Act (which…

Arbitration, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, ICC, ICC Arbitration, ICC Rules, International arbitration, Trust

(McGill University )/ /Leave a comment

Over the last century, arbitration has established itself as one of the most popular means for resolving commercial disputes1) Gary B. Born, ‘Chapter 1: Overview of International Commercial Arbitration’, International Commercial Arbitration (2nd edition, Kluwer Law International 2014), 6–224, at 93-97; Queen Mary University London, 2015 International Arbitration Survey: Improvements and Innovations in Arbitration. and…

Arbitration, Arbitration Agreements, Arbitration Proceedings, India, Supreme Court, Trust

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Coincidentally, at the same time last year, the world witnessed two historical developments. First, Donald J. Trump was elected as the 45th president of the United States. Second, in an attempt to curb black money (a move, the result of which is still to be evaluated), the Modi-led Government demonetised 500 and 1000 currency notes in India. Even…