…they have jurisdiction to determine the dispute.” Singapore demonstrates strong adherence to the doctrine, particularly in Tomolugen Holdings Ltd v Silica Investors Ltd [2015] SGCA 57. The Court of Appeal…
…have even been considered non-arbitrable at the pre-arbitral stage. The New York Convention does not define the term ‘public policy’ and leaves it to the domestic laws of the states…
…1993). In 1976, South Africa adopted the New York Convention, and its courts have generally enforced foreign arbitral awards in accordance with the Convention ever since (for example Fattouche v…
…well as the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts. The awards cover a wide range of…
…Bhd & Ors v GAS [2025] SGCA 13 (“Sapura”), the Singapore Court of Appeal (“Court”) had the opportunity to consider the interaction between arbitration and insolvency, in the context of…
…the Singapore High Court (“SGHC”) ruled that courts cannot intervene in decisions of the SIAC Registrar (“Registrar”) and reaffirmed the principle of minimal curial intervention in the contractual relationship between…
…is bound by an agreement with Indonesia on the recognition and enforcement of arbitral awards (e.g., the New York Convention). Article 67 (2) point c. of the Arbitration Law requires…
…when assessing the jurisdiction of Indian courts in international commercial arbitration. The change is also in line with celebrated international law frameworks such as the New York Convention. Thus, the…
…China (“AsiaPhos”), the first under the China-Mongolia BIT, and the second under the China-Singapore BIT. In both cases, the jurisdiction of the tribunals was challenged on the basis that investment…
…which confirmed that an ICSID Contracting State’s agreement to Article 54of the ICSID Convention constitutes a “prior written agreement” waiving state immunity under Section 2 of the Immunity Act. State…
…of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) requires the national courts to compel arbitration unless the arbitration agreement is null and void,…
The much-touted 7th Edition of the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules 2025”) came into force earlier this year on 1 January 2025. The SIAC Rules…
…the scope of the Convention, shall be settled only under the Convention. As respects any other dispute over a taxation measure, or as to whether a measure is a taxation…
…Convention. (Id., para. 51.) That provision allows Contracting States to require the exhaustion of local administrative or judicial remedies as a condition of their consent to arbitration under the Convention….
…These initiatives, primarily funded by international organisations, focus on transparency and resolution. Future plans include an international settlement centre and ratifying the Singapore Convention. Alenkina acknowledged that while adopting the…
…own seats. Globally, the five most preferred seats were London (43%), Singapore (31%), Hong Kong (31%), Beijing (20%) and Paris (19%). Panellists pointed out that the question was about preferences,…
…and the UN Convention on International Settlement Agreements Resulting from Mediation (more commonly known as the Singapore Convention on Mediation). The growing interest in mediation paved the way for other…
…the attraction of these seats remains. Other leading seats may follow suit to reform. For example, Singapore last month also begun consultations on the reform of its arbitration laws. One…
…The International Seabed Authority (“ISA”), established under the United Nation Convention of the Law of the Sea (“UNCLOS”) and in charge of seabed governance, is moving forward, and has signaled…
…to Singapore. He also questioned whether the present consultation process in Singapore including in particular potential reform surrounding a right to appeal on a point of law could get in…
…Article 31(1) of the Vienna Convention on the Law of Treaties (“VCLT”), which states that “[a] treaty shall be interpreted in good faith in accordance with the ordinary meaning to…
…to the “law of another country” for the purposes of the Rome Convention. In Djanogly, Mr. Justice Miles extended this ruling to limitation issues; the same analysis also applies in…
…the UNCITRAL Model Law, the New York Convention, and the ICSID Convention. Notably, the Nigerian government also aims to prevent the use of overly ambitious arbitration agreements in contracts involving…
…the scope of the New York Convention was not resolved by the appeal. Second, if the New York Convention applies to such awards, then whether Art III thereof (which contains…
