Category Archives: Arbitration

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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Amendments to Singapore’s International Arbitration Act to Enhance Statutory Regime

In September 2020, Singapore’s Ministry of Law (“MinLaw”) proposed the International Arbitration (Amendment) Bill (the “Bill”) to introduce two new features to the International Arbitration Act (Cap. 143A) (“IAA”). The Bill was passed on 5 October 2020 and the amendments … Continue reading

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Singapore – Court of Appeal considers doctrine of res judicata in clarification of public policy ground for setting aside awards (BTN v BTP)

Arbitration Analysis: This decision clarifies the scope of the public policy ground for setting aside of arbitral awards. In dismissing the appellants’ application to set aside a partial award, the court makes it clear that arbitral decisions invoking the doctrine … Continue reading

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Rights of representation in international arbitration: are you being heard?

A recent decision of the Singapore High Court declined to set aside a Singapore International Arbitration Centre (“SIAC”) award where the applicant asserted that the Tribunal had improperly excluded its General Manager from acting as co-counsel. This decision contains important … Continue reading

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Arbitration Clause in Settlement Agreement Triggers a Stay of Court Proceedings on Case Management Grounds

In the case of PUBG Corp v Garena International I Pte Ltd and others [2020] SGCA 51 (“PUBG”), the Singapore Court of Appeal had to decide whether or not to grant a stay of the parties’ ongoing court proceedings (“Court Proceedings”) in … Continue reading

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SGCA clarifies applicable standard of review in dismissal of winding-up proceedings in favour of arbitration

The coronavirus pandemic has left companies increasingly concerned about the possibility of winding-up as a result of a failure to pay debts. In a situation where a party’s disputed debt is subject to an arbitration clause, the debtor may wish … Continue reading

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The SIAC Annual Report 2019: Findings and Takeaways in the light of COVID-19

In its recently released Annual Report 2019 (the “Report”), the Singapore International Arbitration Centre (“SIAC”) continues to report strong growth and positive numbers. We provide a summary of the Report’s findings and a few key takeaways, particularly in light of … Continue reading

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Arbitrability of IP disputes in Singapore – recent amendments to the AA and the IAA

Pursuant to the passing of the Intellectual Property (Dispute Resolution) Bill in August 2019, amendments have been made to, amongst others, the Singapore Arbitration Act (“AA”) and the International Arbitration Act (“IAA”) to clarify the arbitrability of intellectual property rights … Continue reading

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‘Creative’ attempts to challenge an award given short shrift – BTN v BTP [2019] SGHC 212

Introduction We consider why a recent decision of the Singapore High Court – BTN and another v BTP and another [2019] SGHC 212 – should be seen as further proof of Singapore’s commitment to respecting the binding nature of international … Continue reading

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Singapore’s MinLaw launches Public Consultation on Amendments to International Arbitration Act

In June 2019, Singapore’s Ministry of Law (“MinLaw”) announced that it will be holding a public consultation on certain proposed amendments to the International Arbitration Act (Cap. 143A) (the “IAA”). This follows a written response provided on 1 April 2019 … Continue reading

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