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Monthly Archives: August 2012
Reference to ICC Rules sufficient to exclude Right of Appeal
Singapore‘s dual arbitration regime Singapore has a dual arbitration regime with the Singapore Arbitration Act (Cap. 10) governing domestic arbitrations and the Singapore International Arbitration Act (Cap. 143A) governing international arbitrations whether seated in Singapore or abroad. There are a … Continue reading
Judge of Appeal Justice Sundaresh Menon to be appointed as Chief Justice of Singapore
Former Attorney-General of Singapore and the Honourable Judge of Appeal Justice Sundaresh Menon has been appointed as the Chief Justice (“Justice Sundaresh Menon“) of Singapore with effect from 6 November 2012. Justice Sundaresh Menon takes over the office from the … Continue reading
Error of Law / Erroneous Application of choice of law clause not grounds to set aside award – Quarella v Scelta Marble
The Singapore High Court has once again dismissed an attempt to set aside an arbitration award, this time on the purported basis that the arbitrator had wrongly interpreted the choice of law clause which parties had chosen to govern their … Continue reading
“The English Arbitration Act 1996 – 15 years on”
Prior to the opening of the 21st ICCA Conference in Singapore earlier this year, the Right Honourable Lord Saville of Newdigate PC QC spoke at the Chartered Institute of Arbitrators’ (“CIArb“) reception. His speech was entitled “The English Arbitration Act … Continue reading
Delhi High Court – Error of Fact constitutes Patent Illegality
Introduction One of the foundations of arbitration is that awards rendered are final and not subject to appeal before the courts. In this respect, Article 5 of the UNCITRAL Model Law provides for minimal curial intervention, stipulating that “[i]n matters … Continue reading
Arbitration and the Courts
“The topic of arbitration and the courts is… wide in the extreme. Some consider that there is necessarily some tension between these two forms of dispute resolution, criticising courts for what they regard as unwarranted intereference in the arbitral process. … Continue reading
Posted in Arbitration, Asean, Singapore, Uncategorized
Tagged Chartered Institute of Arbitrators, CIArb, competenz, English Arbitration Act, fairness, jurisdiction, justice, kompetenz, lex mercatoria, Lord Saville, party autonomy, role of courts, singapore arbitration, singapore international arbitration
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Stay of Proceedings – Standard of Proof that Arbitration Clause is not Null and Void
Parties to an arbitration agreement are expected to abide by it. Where a party commences court proceedings against the other party, then that other party may apply to the court to stay its proceedings in order that the dispute may … Continue reading
2013 ITA Winter Forum and Call-for-Proposals
The Institute for Transnational Arbitration (ITA) will be holding its Second Annual Winter Forum at the Biltmore Hotel in Miami, Florida on 24-25 January , 2013. The ITA’s stated objective is to provide “leading educational and professional activities for legal … Continue reading
Arbitration Update – PT Prima v Kempinski
Introduction In a previous post on the taking of evidence in international arbitration, we noted that litigating parties are automatically subject to the procedural rules of the court in which the dispute is heard. However, this is not the case … Continue reading
