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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: jurisdiction
Case Update: Compliance with Multi-Tier Clauses must be adhered to strictly
We have previously written about International Research Corp PLC v Lufthansa Systems Asia Pacific Pte Ltd and anor, [2013] 1 SLR 973 (see here). In that case, the Singapore High Court upheld a multi-tiered dispute resolution mechanism which involved an escalation clause. The escalation … Continue reading
Setting Aside Arbitral Awards in Singapore: A Problem in the Standard of Review?
A Singapore High Court judgment is generally appealable as of right to the Singapore Court of Appeal. The aggrieved party may appeal on the basis that the High Court judge was wrong on the law or even on the facts. … Continue reading
Can a claim on dishonoured cheque(s) avoid a stay for arbitration?
In the recent case of Piallo GmbH v Yafriro International Pte Ltd, [2013] SGHCR 20, a stay of proceedings was sought by the defendant, Yafriro, on the basis of an arbitration clause in a Distributorship Agreement between the parties. The … Continue reading
Does illegality sweep away the arbitration clause?
What is the effect of illegality of a contract on an arbitration clause within that same contract? To the extent that the contract is unenforceable, does this also render the arbitration clause invalid? The answer to this query has substantial … Continue reading
English Court has power to issue an anti-suit injunction in support of non-existent arbitration
In a unanimous decision, the UK Supreme Court held in Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP [2013] UKSC 35 that the English courts have the power to issue anti-suit injunctions in support of arbitration agreements where … Continue reading
Case Update: (1) Lack of substantive jurisdiction in respect of one respondent affects award as against the other respondent; (2) Substantive jurisdiction not affected by finding of liability under a different agreement
The English High Court in Arsanovia Ltd & Ors v Cruz City 1 Mauritius Holdings, [2012] EWHC 3702 (Comm) has delivered a relatively short but dense decision dealing with a number of issues revolving around the issue of different governing … Continue reading
Posted in Arbitration, India, UK
Tagged arbitration, BALCO, bifrucation, case law, governing law, jurisdiction, proper law, proper law of arbitration, substantive jurisdiction
2 Comments
Case Update: Singapore High Court exercises discretion not to grant stay in domestic arbitration
In a previous post, we discussed Singapore’s dual arbitration regime and, in particular, whether a reference that a domestic arbitration will be governed by the ICC rules sufficed to exclude the parties’ right of appeal on a question of law … Continue reading
Case Update: (1) Incorporation of Arbitration Clause; (2) Enforceability of Multi-Tiered Dispute Resolution Mechanism and (3) Possible lacuna in the IAA read with the Model Law
The Singapore High Court recently determined an interesting point of arbitration law in International Research Corp PLC v Lufthansa Systems Asia Pacific Pte Ltd and anor, [2013] 1 SLR 973. The issue was whether an arbitration clause contained in a … Continue reading
Posted in Arbitration, Asean, Singapore
Tagged alternative dispute resolution, case law, dispute resolution mechanism, escalation clause, IAA, international arbitration act, jurisdiction, Model Law, multi-tiered clause, setting aside, singapore arbitration, singapore international arbitration
5 Comments
Arbitration and the Courts
“The topic of arbitration and the courts is… wide in the extreme. Some consider that there is necessarily some tension between these two forms of dispute resolution, criticising courts for what they regard as unwarranted intereference in the arbitral process. … Continue reading
Posted in Arbitration, Asean, Singapore, Uncategorized
Tagged Chartered Institute of Arbitrators, CIArb, competenz, English Arbitration Act, fairness, jurisdiction, justice, kompetenz, lex mercatoria, Lord Saville, party autonomy, role of courts, singapore arbitration, singapore international arbitration
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Stay of Proceedings – Standard of Proof that Arbitration Clause is not Null and Void
Parties to an arbitration agreement are expected to abide by it. Where a party commences court proceedings against the other party, then that other party may apply to the court to stay its proceedings in order that the dispute may … Continue reading
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