Category Archives: Arbitration

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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Singapore High Court refuses to set aside arbitral award for alleged suppression of evidence

Introduction Can an arbitral award be set aside on the grounds of fraud or breach of public policy on the basis that a successful party failed to call certain witnesses and/or failed disclose certain internal documents it did not consider … Continue reading

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Between a rock and a hard place: Singapore High Court lifts stay of court proceedings on non-commencement of arbitration

Introduction Is a court entitled to lift a stay of proceedings in favour of arbitration if the conditions for lifting the stay have not been met? This is what the Singapore High Court (the “Court”) had to consider in Gulf … Continue reading

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