Category Archives: Dispute Resolution

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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An overview: How do the key changes to the SIAC Rules compare with some of the other major arbitral institutions?

  SIAC (2016 rules) ICC LCIA HKIAC Consolidation of multi-contract disputes ✔ ✔ ✔ ✔ Joinder of parties and non-parties ✔ ✔ ✔ ✘ (Non-parties disallowed) Early dismissal of claims/ defences ✔ ✘ ✘ ✘ Delocalising the Seat of Arbitration … Continue reading

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Tackling law and jurisdiction in Asia deals

Transactional lawyers can spend a lot of time negotiating liability clauses, indemnities, warranties and termination rights.  However, governing law and jurisdiction often ends up being a short debate towards the end of the negotiation about “home territory”, without clear justification on … Continue reading

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