Category Archives: Arbitration

Singapore passes bill for Singapore International Commercial Court to hear arbitration-related matters

By Wei Ming Tan & Kartik Singh* Introduction On 9 January 2018, Parliament passed the Supreme Court of Judicature (Amendment) Bill 2017 (the “Amendment”) giving the Singapore International Commercial Court (“SICC”) jurisdiction to hear international commercial arbitration-related court proceedings. The … Continue reading

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Towards reducing the complexity, cost and time of arbitral proceedings: SIAC’s proposal on cross-institution consolidation

by Wei Ming Tan and Pradeep Nair Introduction On 19 December 2017, the Singapore International Arbitration Centre (“SIAC”) announced its proposal on cross-institution co-operation for the consolidation of international arbitral proceedings (“SIAC’s proposal”). SIAC’s proposal, which is the brainchild of … Continue reading

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Singapore High Court reaffirms its power to stay court proceedings in favour of arbitration

Introduction Can a non-party to an arbitration agreement apply to stay court proceedings in favour of arbitration? Would it make a difference if arbitration proceedings had not yet commenced? These were some of the questions before the Singapore High Court … Continue reading

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Heartronics Corp v EPI Life: Singapore High Court makes landmark ruling on multi-tier dispute resolution clauses

Introduction Should multi-tier dispute resolution clauses be treated as a series of discrete dispute resolution agreements, or regarded as a unitary dispute resolution mechanism? When will the court find an arbitration agreement to be “inoperative” or “incapable of being performed” … Continue reading

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Singapore High Court affirms principles on when arbitral tribunal is deemed to exceed jurisdiction

When will an arbitral tribunal be deemed to have exceeded its jurisdiction? In the recent decision of Quanzhou Sanhong Trading Limited Liability Co Ltd v ADM Asia-Pacific Trading Pte Ltd [2017] SGHC 199 involving the enforcement of a foreign arbitral … Continue reading

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SGCA recognises asymmetric arbitration clause giving only one party right to elect to arbitrate

Introduction Is a dispute resolution clause that gives only one party the right to elect to arbitrate a dispute a valid arbitration agreement? The Singapore Court of Appeal (the “Court”) answered this question in the affirmative recently in Wilson Taylor … Continue reading

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Updates on Third Party Funding in Singapore and developments in Mediation

Third Party Funding We covered the key proposed changes under the Civil Law (Amendment) Bill 2016 (“Funding Bill“) in our earlier post, which provides a framework for third party funding in Singapore. It will currently apply to international arbitration proceedings … Continue reading

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Singapore High Court refuses to admit Indian Senior Advocate to argue Setting Aside Applications

The Singapore High Court recently dismissed the applications made on behalf of Mr Harish Salve (the “Applicant“), a Senior Advocate of the India Bar, to be admitted to represent 20 plaintiffs (the “Sellers“) in their application(s) before the Singapore High … Continue reading

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English High Court confirms rights to a claim in arbitration can be transferred to another while an arbitration is on-going

by Tom Pritchard In November 2016, the English High Court was asked to rule on an arbitral tribunal’s jurisdiction after it made an award in favour of a claimant that had undergone a corporate restructuring halfway through the arbitration (A … Continue reading

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Recent Arbitration Developments in Mainland China: Towards a More Inclusive Approach to Foreign-Seated Arbitrations

The SPC Opinion On 30 December 2016, the Chinese Supreme People’s Court (“SPC“) issued its Opinions on the Provision of Judicial Safeguards for the Construction of Pilot Free Trade Zones (“SPC Opinion“). Article 9 of the SPC Opinion provides, among … Continue reading

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