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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: 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
Posted in Arbitration, Hong Kong, Indonesia, Malaysia, Singapore, UK
Tagged alternative dispute resolution, arbitration, arbitration in Singapore, Astro, case law, governing law, Lippo, proper law, setting aside, Singapore Court, singapore court of appeal, Singapore High Court, Singapore Law Gazette
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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
Posted in Arbitration, India, UK
Tagged arbitration, BALCO, bifrucation, case law, governing law, jurisdiction, proper law, proper law of arbitration, substantive jurisdiction
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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
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
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
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
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