Monthly Archives: July 2012

Failure to specify number of arbitrators results in default number

This might seem like an obvious proposition. However, what happens when an arbitration clause makes reference to arbitrators in the plural without specifying the exact number to constitute the tribunal? And what happens when in that situation, the default position … Continue reading

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Astro vs Lippo – An Overview

The Singapore High Court is currently hearing a dispute between the Astro Group and the Lippo Group as to whether a series of 5 arbitration awards that Astro has obtained against Lippo for a total sum of about US$300 million should be recognised … Continue reading

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State Immunity – State Owned Enterprises

Introduction We considered the Act of State doctrine as well as State / Sovereign Immunity in resisting the enforcement of an international arbitration award in a previous post. One of the cases discussed was the Hong Kong Court of Final … Continue reading

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IBA Rules – Failure to Produce Documents in a Singapore International Arbitration

We considered the IBA Rules on the Taking of Evidence in International Arbitration (the “IBA Rules“) in a previous post. The Singapore case of Dongwoo Mann+Hummel Co Ltd v Mann+Hummel GmbH [2008] 3 SLR(R) 871; [2008] SGHC 67 demonstrates how a tribunal may … Continue reading

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IBA Guidelines on Conflicts of Interest in International Arbitration

Nemo iudex in causa sua – no one should be a judge in their own cause. This precept would appear to be universal in all formal systems of law. In international arbitration, most arbitration rules (and certainly all the major … Continue reading

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IBA Rules on the Taking of Evidence in International Arbitration

Discovery (and e-discovery) in modern litigation can be a very expensive endeavour. In the case of Digicel (St. Lucia) Ltd & Ors v Cable & Wireless Plc & Ors [2008] EWHC 2522 (Ch), the initial exercise undertaken by the defendants’ solicitors … Continue reading

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ICCA Singapore 2012 Congress film footage now available

For those of you who may have missed the recent ICCA Singapore 2012 Congress, ICCA has just released full film footage of all the Congress sessions. These sessions are available, free of charge, on the ICCA website (www.arbitration-icca.org). Enjoy!

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Acts of State and Immunities

Introduction Companies doing business in the South East Asian, Asian Pacific and Greater Asian region may find themselves intereacting with the state itself even in commercial matters. This is due to the prevalence of state owned enterprises, government linked entities … Continue reading

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LCIA India Symposium in Bangalore and LCIA India Arbitration Rules

LCIA India Symposium in Bangalore I am looking forward to visiting Bangalore later this week to attend the LCIA India Symposium on ‘Innovation and Technology in Arbitration’. This will be LCIA India’s first international arbitration symposium in Bangalore and they’ve … Continue reading

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