Category Archives: Arbitration

Pre-award arbitrability: the seat, the governing law and the composite approach

In the event a party challenges arbitrability of a dispute, a threshold question arises: should the issue of arbitrability be considered under the law governing the arbitration agreement or the law of the seat of the arbitration? This issue was … Continue reading

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Singapore Court of Appeal affirms strict adherence to defined scope of remission of arbitral awards in cases where set aside applications have been suspended (CKH v CKG [2022] SGCA(I) 6)

This article was first published on Lexis®PSL on 8 September 2022. Arbitration Analysis: This case addresses the issue of the scope of a tribunal’s powers to consider matters falling outside the scope of an order for limited remission made under … Continue reading

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Singapore Court of Appeal clarifies grounds for setting aside arbitral awards and applicability of ‘no evidence rule’ in Singapore (CEF and CEG v CEH)

*This analysis was first published on LexisNexis on 29 July 2022. Arbitration Analysis: In CEF and CEG v. CEH [2022] SGCA 54, the Singapore Court of Appeal dealt with a variety of orders in an arbitral award to determine whether … Continue reading

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SGCA exercises inherent power to set aside judgment enforcing arbitral award and order return of sums paid out

Does the court have inherent powers to set aside an earlier judgment enforcing an erroneous arbitral award? What about consequential orders flowing from such a judgment? The Singapore Court of Appeal had occasion to decide this in ST Group Co Ltd … Continue reading

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Conditional Fee Agreements Regime in Singapore – Liberalisation of Singapore’s Legal Landscape and Lessons Learned from Other Jurisdictions

In a recent development, Singapore’s Ministry of Law proposed a framework for conditional fee agreements (“CFAs”) that may be entered into between lawyers and their clients in prescribed proceedings. This liberalisation of the legal landscape in Singapore promises to strengthen … Continue reading

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Singapore High Court rejects creative arguments to seek de novo appeal on merits of arbitral award via setting aside applications (BTN v BTP)

This article was first published by Lexis®PSL on 20 December 2021. Arbitration Analysis: A recent decision of the Singapore High Court, BTN v BTP [2021] SGHC 271, reinforced the principle that it is only in exceptional circumstances that parties to … Continue reading

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Singapore Court of Appeal affirms tribunal power to decide appropriate relief by refusing to set aside remedies award (Bloomberry Resorts and Hotels Inc v Global Gaming Philippines LLC)

This article was first published by Lexis®PSL on 19 October 2021. Arbitration Analysis: In refusing to set aside a remedies award issued in a Singapore-seated ad hoc arbitration pursuant to the UNCITRAL Arbitration Rules, the Singapore Court of Appeal affirmed … Continue reading

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SGHC sets aside arbitral award for breach of fair hearing rule and natural justice

In BZV v BZW and another [2021] SGHC 60, the Singapore High Court (the “Court”) allowed a party’s application to set aside an arbitral award on the basis that the tribunal had failed entirely to appreciate the correct questions it had to … Continue reading

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The SIAC Annual Report 2020: Highlights and Takeaways

The Singapore International Arbitration Centre (“SIAC”) published its Annual Report 2020 recently, reporting another year of record growth in case load and expansion of its offices beyond Asia. In this article, we summarise some of the Report’s key highlights and … Continue reading

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Singapore – standard costs to be awarded by default for failed award set-aside applications (BTN v BTP)

Arbitration analysis: A recent Singapore High Court case (BTN and Anor v BTP and Anor [2021] SGHC 38) confirmed the default position under Singapore law that unsuccessful applications to set aside an arbitral award will be awarded costs on a … Continue reading

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