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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: Model Law
Arbitration under SIAC Expedited Procedure not contrary to arbitration clause providing for 3 Arbitrators
In the recent case of AQZ v ARA, [2015] SGHC 49, the Singapore High Court had to consider a challenge to an SIAC award which was rendered pursuant to the SIAC’s expedited procedure under the SIAC Rules 2010. The High … Continue reading
Singapore Law Gazette – Myanmar Draft Arbitration Bill to Further Bolster Foreign Investor Confidence
We are pleased to announce that the Singapore Law Gazette has just published an article that we recently wrote for them. The article Myanmar Draft Arbitration Bill to Further Bolster Foreign Investor Confidence is now available online. The Myanmar Draft Arbitration … Continue reading
Posted in Arbitration, Myanmar, Singapore
Tagged ADR, arbitration, Model Law, new york convention
2 Comments
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 Astro, breach of natural justice, case law, Model Law, public policy, Singapore High Court
3 Comments
Draft Arbitration Bill in Myanmar
We have written about Myanmar signing up to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 as well as the Investment Regime and Arbitration in Myanmar. A key issue we had noted was the … Continue reading
Posted in Arbitration, Myanmar
Tagged alternative dispute resolution, arbitration, foreign awards, Model Law, new york convention
3 Comments
Astro v Lippo update: Singapore Court of Appeal allows PT First Media’s appeal
The Singapore Court of Appeal has just issued its written judgment allowing PT First Media’s appeal to the extent that it has refused Astro leave to enforce the Awards in both OS 807/2010 and OS 913/2010 in relation to the … Continue reading
Posted in Arbitration, Asean, Indonesia, Singapore
Tagged Astro, award, david joseph, enforcement, indonesia, Lippo, Model Law, new york convention, singapore, toby landau, UNCITRAL
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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
Update on Astro-Lippo Dispute: Astro’s appeal to Indonesian Supreme Court fails
Our readers would be aware that we have written a fair bit on the Astro-Lippo dispute, including the background of the dispute, what the dispute tells us about enforcement in arbitration as well as the parties’ skirmishes before the Hong … Continue reading
How a Dispute Resolution Clause Works
We have started to see more and more business owners paying attention to the drafting and negotiations of their governing law and dispute resolution clauses. Most of them feel comfortable adopting the sample or model clauses promoted by any one … 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
Security for Costs and Payments into Court for Challenge of English Award
It seems almost ridiculous to think of winning an arbitration as only half the battle won. The reality, however, is that a victorious party may still need to enforce its award. A losing party may deliberately refuse on pay on … Continue reading