Tag Archives: case law

Singapore Law Gazette – Arbitration in 2014: Looking Ahead to 2015

Our article on Arbitration in 2014: Looking Ahead to 2015 has also been published in the March 2015 edition of the Singapore Law Gazette. The SLW commentary looks at the following significant 2014 Singapore court cases involving arbitration that either dealt with … Continue reading

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Case Update: Court of Appeal grants permanent anti-suit injunction in R1 v Lonstroff

In an earlier post regarding the case of RI International Pte Ltd v Lonstroff AG, [2014] SGHC 69, we wrote about how the Singapore High Court confirmed (albeit in obiter) that the Singapore courts have the power to grant a permanent anti-suit … Continue reading

Posted in Arbitration, Singapore | Tagged , , , , | 2 Comments

Singapore High Court rejects attempt to set aside an award for breach of an alleged agreed arbitral procedure

The Singapore High Court recently delivered another pro-arbitration, pro-enforcement decision in Triulzi Cesare SRL v Xinyi Group (Glass) Co Ltd, [2014] SGHC 220 (“Triulzi v Xinyi”). The plaintiff’s i.e. Triulzi Cesare SRL (“Triulzi”) decision to challenge an adverse ICC award … Continue reading

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Challenge to Arbitrator for Apparent Bias – What happens if the final award is rendered before the court determines challenge?

The recent Singapore High Court decision of PT Central Investindo v Franciscus Wongso and others and another matter, [2014] SGHC 190 involved a rare challenge to an arbitrator for apparent bias. The case also addressed a novel legal issue: what would happen when a party seeks to disqualify and remove a sole arbitrator, but that sole arbitrator the renders her/his final award before the courts determine the removal application? Continue reading

Posted in Arbitration, Indonesia, Singapore | Tagged , , , , , | 3 Comments

Time limited obligations to engage in “friendly discussions” before proceeding to arbitration may be binding

[We are grateful for the following guest post from Charlotte Bamford, a Trainee Solicitor currently sitting in the Commercial Litigation Group of our London office.] In Emirates Trading Agency LLC v Prime Mineral Exports Private Limited [2014] EWHC 2104 (Comm), the Commercial … Continue reading

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Case Update: Unavailability of a particular source may operate to frustrate contracts

[Thanks to Daniel Jung, Associate, Olswang Asia LLP for a summary of the case and the first draft of this post] We previously discussed  the case of Alliance Concrete Singapore Pte Ltd v Sato Kogyo (S) Pte Ltd, [2013] SGHC … Continue reading

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Contract drafted without legal advice was unenforceable “piece of legal nonsense”

We enter into contracts, many of them in fact, every single day. At its heart, a contract is a series of legally enforceable promises and obligations between the parties to that agreement. It can be as simple as a sale … Continue reading

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Case Update: Seat of Arbitration and Implied Choice of Governing Law of Arbitration Agreement

[Update: the paragraphs on the Singapore High Court’s analysis of the arbitration clause and its implications has been updated to more closely reflect the language at paragraph [17] of the Singapore High Court’s decision.]  A party may rely on a valid … Continue reading

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LexisNexis Newsletter – Bills of Exchange and Arbitration Clauses

Our short article on the Singapore High Court case of Piallo GmbH v Yafriro International Pte Ltd, [2013] SGHC 260 has been featured on LexisNexis Newsletter June 2014 (Issue 1). The article focuses on the Singapore court’s decision on the … Continue reading

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Arbitrability of intra-corporate disputes

Arbitration is a consensual process. It is axiomatic that parties may only arbitrate those disputes that they have agreed to submit to arbitration. In some cases, after a dispute has arisen, parties to that dispute may agree to refer the … Continue reading

Posted in Arbitration, Asean, Australia, Singapore, UK | Tagged , , , , | 2 Comments