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- Pre-award arbitrability: the seat, the governing law and the composite approach
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Monthly Archives: August 2013
Arbitration of Trust Disputes
We often think of arbitration in the context of resolving commercial disputes. However, arbitration has a wider scope than that and can in fact be applied to other types of proceedings, even disciplinary proceedings. What about disputes involving trusts? Is … Continue reading
Posted in Arbitration, Asean, Singapore, UK
Tagged Florida, Gurnsey, privity, trust arbitration, trust disputes
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Chief Justice Menon’s Keynote Address to CIArb International Arbitration Conference
The Honourable the Chief Justice Sundaresh Menon (“Menon CJ“) delivered the keynote address to the Chartered Institute of Arbitrators International Arbitration Conference in Penang, Malaysia on 22 August 2013. The title of his keynote address was “Some Cautionary Notes for … Continue reading
How a Dispute Resolution Clause Works
We have started to see more and more business owners paying attention to the drafting and negotiations of their governing law and dispute resolution clauses. Most of them feel comfortable adopting the sample or model clauses promoted by any one … Continue reading
SLW Commentary: Contractual Time Limit to commence Arbitration constitutes Time Bar on Claim itself
Our post exploring the English legal position on how contractual time limits to commence arbitration constitutes a time bar on the claim itself has been picked up by Singapore Law Watch (“SLW“). Our SLW Commentary can be found here. The … Continue reading
Posted in Arbitration, UK
Tagged case law, English High Court, limitation, limitation act, Singapore High Court, SLW
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The Interpretation of Force Majeure Clauses and Frustration in Singapore
In the recent case of Alliance Concrete Singapore Pte Ltd v Sato Kogyo (S) Pte Ltd, [2013] SGHC 127, the Singapore High Court examined the issues of frustration and the interpretation of force majeure clauses in relation to the so-called … Continue reading
Posted in Singapore
Tagged case law, construction, force majeure, frustration, singapore court of appeal, Singapore High Court
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The End of Doctrine of Patent Illegality for Foreign Awards in India?
In a remarkable recent decision, the Supreme Court of India in Shri Lal Mahal Ltd v Progetto Grano SpA, Civil Appeal No. 5085 of 2013, has bolstered its pro-arbitration and pro-enforcement credentials. The court definitively held that the doctrine of … Continue reading
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