Category Archives: Arbitration

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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Joint Seminar on The Arb-Med-Arb Protocol: The Future of Alternative Dispute Resolution? (10 January 2017, Jakarta, Indonesia)

  We are delighted to host a panel discussion on The Arb-Med-Arb Protocol: The Future of Alternative Dispute Resolution? alongside the Singapore International Mediation Centre (SIMC) and Pusat Mediasi Nasional (the Indonesian Mediation Center) (PMN) on 10 January 2017, 5 pm – 6.30 … Continue reading

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AMENDMENTS TO THE ICC RULES OF ARBITRATION: AUTOMATIC EXPEDITED ARBITRATION PROCESS FOR CLAIMS WORTH LESS THAN US $2 MILLION

by Mark Davison and Katherine McKenna On 20 October 2016, the ICC Executive Board approved changes to their Rules which will be effective as of 1 March 2017.[1] Within the amended rules, the ICC has followed other arbitration centres such as … Continue reading

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THE FUTURE OF INTERNATIONAL ARBITRATION IN THE TMT SECTOR: VIEWS ON QMUL’S 2016 INTERNATIONAL DISPUTE RESOLUTION SURVEY

The Queen Mary University of London (“QMUL“) recently released its International Dispute Resolution Survey relating to Technology, Media and Telecoms (“TMT“) disputes. The comprehensive survey was conducted over 2 phases and involved a variety of respondents, including private practitioners, in-house … Continue reading

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THIRD PARTY FUNDING – A STEP IN THE RIGHT DIRECTION FOR SINGAPORE?

Over the past few years, companies have begin to view Singapore as an attractive regional business hub as evident by the increase in the number of global companies who have decided to set up and/or relocate their Asia headquarters to … Continue reading

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