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Recent Posts
- Singapore Court of Appeal affirms strict adherence to defined scope of remission of arbitral awards in cases where set aside applications have been suspended (CKH v CKG [2022] SGCA(I) 6)
- Singapore Court of Appeal clarifies grounds for setting aside arbitral awards and applicability of ‘no evidence rule’ in Singapore (CEF and CEG v CEH)
- SGCA exercises inherent power to set aside judgment enforcing arbitral award and order return of sums paid out
- Conditional Fee Agreements Regime in Singapore – Liberalisation of Singapore’s Legal Landscape and Lessons Learned from Other Jurisdictions
- Singapore High Court rejects creative arguments to seek de novo appeal on merits of arbitral award via setting aside applications (BTN v BTP)
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Tag Archives: English Court of Appeal
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
Posted in Arbitration, Singapore, UK
Tagged anti-suit injunction, arbitration, arbitration agreement, arbitration clause, case law, English Court of Appeal, English High Court, governing law, mandatory stay, SCC, Singapore High Court, stay, stay of proceedings, Stockholm Chamber of Commerce, Sweden, threshold validity
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Case Update: (1) Governing law of the arbitration agreement determines scope of arbitrability; (2) Disputes on bills of exchange fall within arbitration clause
We had previously discussed the case of Piallo GmbH v Yafriro International Pte Ltd, [2013] SGHCR 20 (“Yafriro (AR)”). The issue was whether a claim on certain dishonoured cheques paid pursuant to a Distributorship Agreement could avoid a stay of court … Continue reading
SLW Commentary/Singapore Law Gazette: Dispute Resolution (Arbitration) Clauses – Pathologies and Pitfalls
Our brand new article on Dispute Resolution (Arbitration) Clauses – Pathologies and Pitfalls has been published in the October 2013 edition of the Singapore Law Gazette as well as on Singapore Law Watch. Dispute resolution and arbitration clauses increasingly form … Continue reading
Posted in Arbitration, Hong Kong, Singapore, UK
Tagged case law, Defective arbitration clause, dispute resolution mechanism, English Court of Appeal, English High Court, escalation clause, multi-tier clause, multi-tiered clause, Pathological arbitration clause, SIAC, singapore court of appeal, Singapore High Court
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Privity and Arbitration Agreements
A person who is not a party to a contract may not enforce or be bound by any term of the contract. This is known as the doctrine of privity. However, in both the UK and in Singapore, the Contracts … Continue reading
Mandatory Mediation: Multi-tier Clauses and the Court System
Recently, the English Court of Appeal in Wright v Michael Wright Supplies Ltd & Anor [2013] EWCA Civ 234 lamented the difficulties faced by the courts in managing cases filed or defended by litigants in person. One issue raised was the … Continue reading
Medirest Case Update: English Court of Appeal narrows obligation to cooperate in good faith
We previously discussed the case of Compass Group UK and Ireland Ltd (t/a Medirest) v Mid Essex Hospital Services NHS Trust, [2012] EWHC 781 (QB) as part of our Technology and Outsourcing Hot Spots series. In particular, we highlighted the case … Continue reading
When can the veil of confidentiality in arbitral proceedings be pierced?
[Editors Note: We are very pleased to guest-post an article by Olswang’s Hannah Brown on when the veil of confidentiality in arbitral proceedings be pierced.] The Claimant in Westwood Shipping Lines Inc. and another company v Universal Schiffahrtsgesellschaft MBH and another [2012] EWHC … Continue reading
Posted in Arbitration, UK
Tagged arbitration, case law, confidentiality, English Court of Appeal
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Case Update: Agreement to Agree is not Fatal (in a Subsisting Contract)
It is a well-settled principle of law that a so-called agreement to agree between parties is void and unenforceable for uncertainty. Lord Ackner in the House of Lords’ decision in Walford and Others v Miles and Another [1992] 2 AC 128 observed … Continue reading
Pathological Arbitration Clauses
In a recent post, we wrote about the Singapore High Court case of HKL Group Co Ltd v Rizq International Holdings Pte Ltd, [2013] SGHCR 5 which involved a good example of how a badly drafted arbitration clause increases uncertainty, time and costs … Continue reading
Posted in Arbitration, Hong Kong, Singapore, UK
Tagged arbitration, case law, Defective arbitration clause, English Court of Appeal, English High Court, Germany, LCIA, Pathological arbitration clause, SIAC, singapore arbitration, singapore court of appeal, singapore international arbitration, Switzerland
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Singapore International Arbitration Blog 
Singapore Law Watch Commentary: Agreement to Agree
Our case update on how an agreement to agree is not necessarily fatal to the enforcement of the agreement, has been picked up by Singapore Law Watch (“SLW“). Our SLW Commentary can be found here. Our SLW Commentary examines the … Continue reading →