Tag Archives: proper law

Singapore Law Gazette – Arbitration in Singapore 2013: A Year in Review

We are pleased to announce that the Singapore Law Gazette has just published an exclusive article that we recently wrote for them. The article Arbitration in Singapore 2013: A Year in Review is now available online. As we enter 2014, … Continue reading

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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

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Error of Law / Erroneous Application of choice of law clause not grounds to set aside award – Quarella v Scelta Marble

The Singapore High Court has once again dismissed an attempt to set aside an arbitration award, this time on the purported basis that the arbitrator had wrongly interpreted the choice of law clause which parties had chosen to govern their … Continue reading

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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

Posted in Arbitration, Asean, Singapore | Tagged , , , , , , | 1 Comment

The Laws Governing an Arbitration

It is very common for an international commercial arbitration to involve parties from two (or more) different nationalities choosing to arbitrate their dispute in a third (neutral) country. Enforcing the resulting arbitral award could entail taking it before the courts … Continue reading

Posted in Arbitration, Asean | Tagged , , , , , , , | 7 Comments

The Proper Law of the Arbitration Agreement

It is common for an arbitration agreement between parties to be embodied in a clause within a contract between those parties. However, a recent decision of the English Court of Appeal in Sulamerica CIA Nacional de Seguros SA and others v Enesa Engenharia SA … Continue reading

Posted in Arbitration, Singapore | Tagged , , , , , , | 8 Comments