Singapore Bars India From Sharing Arbitration Documents

Date: 12.01.2021

It is trite that parties to an arbitration in Singapore are obligated to keep the documents and proceedings confidential. However, a question arose whether this general obligation of confidentiality applies to all arbitrations, specifically, in an investment treaty arbitration.

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Right To Be Heard In International Arbitration

Date: 12.01.2021

In a recent decision of CGS v CGT [2020] SGHC 183 the Singapore High Court refused to set aside a Singapore International Arbitration Centre (“SIAC”)

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Singapore High Court Recognises Carve Outs From Arbitration Clause  

Date: 12.01.2021

The recent case of Silverlink Resorts v MS First Capital Insurance Ltd [2020] SGHC 151 illustrates that a failure to carefully consider the jurisdiction and arbitration clauses in an insurance policy can lead to further dispute and incur further legal costs.

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SICC Upholds Singapore International Arbitration Centre (“SIAC”) Award Which Was Alleged To Be Illegal  

Date: 12.01.2021

In the recent case of Gokul Patnaik v Nine Rivers Capital Limited [2020] SGHC(I) 23 the Singapore International Commercial Court (“SICC”) dismissed the Plaintiff’s application to set aside an SIAC arbitration award (“Award”)

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Arbitral Award Repealed By Court Of Appeal Due To Breach Of Natural Justice  

Date: 12.01.2021

In the case of BRS v BRQ & ano’r [2020] SGCA 108 the Singapore Court of Appeal has repealed an arbitral award and remitted the matter to the Tribunal

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Whether An Award May Be Set Aside If An Issue Of Law Was Decided Wrongly  

Date: 12.01.2021

The Singapore High Court in the case of Himalaya Food International Ltd v Simplot India LLC [2020] SGHC 222 dismissed an application to set aside an arbitral award which was alleged to have exceeded the scope of submission to arbitration.

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Singapore Court Of Appeal Ruled That Errors Of Law Or Fact Made In An Arbitral Decision Are Final And Binding  

Date: 12.01.2021

In the case of BTN and another v BTP and another [2020] SGCA 105 the respondents, BTP and BTQ (both are individuals) sold their shares of the company and BTN (a Mauritian company) assumed 100% control of the Malaysian company

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Singapore High Court Grants A Stay To Party Contesting Arbitral Jurisdiction  

Date: 12.01.2021

The case of Trinity Construction Development Pte Ltd v Sinohydro Corp Ltd (Singapore Branch) [2020] SGHC 215 emphasises the pro-arbitration attitude of the Singapore courts which are ready to grant a stay of arbitration to an applicant which had consistently disputed the jurisdiction of the arbitral Tribunal.

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Singapore High Court Refused To Set Aside Arbitral Award Made In Error  

Date: 26.10.2020  

In CBX & Anor v CBZ and Anors [2020] SGHC(1) 17, the SGP High Court dismissed an application to set aside an arbitral award even though the Tribunal erred in applying the relevant substantive law.

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Can Foreign Arbitral Institutions Administer Arbitrations Seated In China?  

Date: 26.10.2020

In December 2019, in BNA v BNB  and another [2019] SGCA 84 the Singapore Court of Appeal (“SGCA“) discussed the interpretation of an arbitration agreement that provided for disputes to be submitted to the Singapore International Arbitration Centre (“SIAC”)  [R1]Please hyperlink the judgment highlighted below to the text here printed in bold 

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Application To Set Aside An Award Dismissed Where Fraud And Corruption Are Discovered After The Time Limit

Date: 26.10.2020

In Bloomberry Resorts and Hotels v Global Gaming Philippines [2020] SGHC 01, the Singapore High Court held that timelines must be adhered to in an application to set aside an award

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Court Powers Under The SCJA Not Applicable Under The Model Law To Extend The Time Limit For A Setting Aside Application  

Date: 26.10.2020

In the case of BXS v BXT [2019] SGHC(I)10, the plaintiff applied to set aside a Singapore International Arbitration Centre award seated in Singapore. However, the application was brought outside the three-months time limit for challenging an arbitral award under Article 34(3) Model Law.

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Failure To Challenge A Preliminary Jurisdiction Ruling Does Not Prevent The Non-Participating Respondent From Setting Aside The Award

Date: 26.10.2020

In Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services [2019] SGCA 33, the Court of Appeal repealed the decision of the High Court, which ruled that non-participation in an arbitration will preclude a subsequent challenge

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New Amendments To The ICC Rules Of Arbitration

Date: 26.10.2020

The International Chamber of Commerce (“ICC”) had announced this month that the ICC Executive Board approved the revised ICC Rules of Arbitration

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Updates To LCIA’s Arbitration Rules  

Date: 26.10.2020

The London Court of International Arbitration (“LCIA”) amended the LCIA Arbitration Rules which took effect on 1 October 2020.  

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Proposed Amendments To Singapore’s International Arbitration Act

Date: 26.10.2020

To strengthen Singapore’s reputation as an international commercial arbitration hub, the Ministry of Law has proposed the International Arbitration (Amendment) Bill: https://sso.agc.gov.sg/Bills-Supp/29-2020/Published/20200901?DocDate=20200901

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Singapore Convention On Mediation Comes Into Force  

Date: 26.10.2020

The United Nations Convention on International Settlement Agreements Resulting from Mediation (“the Singapore Convention”) entered into force on 12th September 2020. 

Presently, a settlement agreement made in one country has no legal force in another. With the Convention in force, businesses seeking enforcement of a mediated settlement agreement across borders can do so by applying directly to the courts of countries that have signed and ratified the treaty. Therefore, businesses can rely on mediation as a dispute resolution option for their cross-border transactions, with greater certainty and assurance that their mediated outcomes are enforceable.

Bolivia Ratifies The UN Convention On Transparency In Treaty-Based Investor State Arbitrations 

Date: 26.10.2020

On 13 October 2020, Bolivia became the seventh State Party to the United Nations Convention on Transparency in Treaty-based Investor State Arbitration (“the Mauritius Convention on Transparency")

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Ghana The 53rd Country To Adopt The Singapore Convention

Date: 26.10.2020

On Mediated Settlement Agreements On 22 July 2020, the Republic of Ghana signed the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”) since it opened for signature in Singapore on 7 August 2019. The Singapore Convention provides a harmonised and simplified framework to facilitate international trade and commerce by enabling disputing parties to enforce and invoke settlement agreements resulting from mediation across borders. 

Ethiopia Endorses Convention On The Recognition And Enforcement Of Foreign Arbitral Awards

Date: 26.10.2020

On 24 August 2020, Ethiopia became the 165th State Party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention”) which will enter into force for Ethiopia on 22 November 2020. The New York Convention requires courts of contracting states to give effect to private agreements to arbitrate and to recognize and enforce arbitration awards made in other contracting states, subject to limited exceptions. 

Are Video Conferences compliant with GDPR Requirements?

Date: 05.08.2020

To analyze this question we have published an article on the Kluwer Arbitration Blog

Clash between Paris and London Courts: The Law of the Arbitration Agreement  

Date: 05.08.2020

Is the law of the arbitration agreement the law of the seat or the law of the underlying contract? Already in 2010 English and French courts have reached fundamentally different decisions to answer this question 

 

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The Due Process Paranoia – The SGP’s Courts Effort in Reducing the Misuse of Due Process as Grounds to Set Aside Arbitral Awards 

Date: 05.08.2020

In the case of China Machine New Energy Corporation v Jaguar Energy Guatemala LLC and another [2020] SGCA 12, the Singapore Court of Appeal enunciated that a balance must be struck between genuine due process concerns and the arbitral Tribunal’s legitimate duty to ensure a prompt and efficient resolution of the dispute at hand.

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Stay of Court Proceedings on Case Management Grounds  

Date: 05.08.2020

In PUBG Corp v Garena International I Pte Ltd and others [2020] SGCA 51, the Singapore Court of Appeal deliberated that a stay of the parties’ ongoing Court proceedings should be granted on “case management” grounds, in favour of arbitration proceedings stemming from a settlement agreement that was entered into between the parties in the midst of the Court Proceedings.

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The Basis and Extent of a Stay of Court Proceedings in favour of Arbitration Proceedings  

Date: 05.08.2020

In Carlsberg Breweries A/S c CSAPL (Singapore) Holdings Pte Ltd [2020] SGHC(I) 5 the Plaintiff sued for the repayment of a loan extended to the Defendant under a loan agreement. The repayment was triggered by the Defendant’s breach of Clauses 2(a) and 2(c) of their Deed of Undertaking, some of which were constituted by breaches of the Amended Shareholders’ Agreement. The issues arose from an Amended Shareholders' Agreement and were, by common consent, to be determined in the conjoined references to arbitration.

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Setting Aside a Partial Award from ICC

Date: 05.08.2020

In BYL and Anor v BYN [2020] SGHC(I) 6 the Plaintiffs sought to set aside a Partial Award obtained through an ICC Arbitration by citing two grounds:

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Leave to Appeal Against an Arbitral Award

Date: 05.08.2020

It is trite that the notion of Calderbank offers denotes that a Court has the discretion to make an adverse costs order against a party if he refuses an offer to settle proceedings for a particular sum which is more than the sum granted in the final judgment. The application of Calderbank offers remains the same in an arbitration governed by Singapore law.

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Saudi Arabia ratifies the UN Convention on International Settlement Agreements resulting from Mediation  

Date: 05.08.2020

Saudi Arabia’s ratification was effected on 5 May 2020 and the Convention will enter into force for Saudi Arabia on 5 November 2020. Saudi Arabia became the fourth State Party to the United Nations Convention on International Settlement Agreements.

How COVID-19 has remedied certain shortfalls in international arbitration proceedings pointed out in the last Queen Mary Survey

Date: 26.05.2020

The outbreak of the COVID-19 virus had a severe impact on all industries worldwide, the international arbitration scene certainly being no exception. The pandemic has achieved what 89 % participants of the 2018 Queen Mary (“The Evolution of international Arbitration”)

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How have major Arbitration Institutions addressed Video Conferencing?

Date: 26.05.2020

Since its inception, arbitration has been known as a flexible and adaptable mechanism which can assist participants in solving their disputes and achieving practical solutions.

Major arbitral institutions have responded swiftly and proactively to adapt to the demands of remote working and virtual hearings since the outbreak of the virus. Some examples:

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Are video conferencing platforms GDPR compliant?

Date: 26.05.2020

Under the GDPR, any host of a video conference (i.e. the organiser of the video conference) is highly likely to be considered as a “data controller”. This means that the organiser of the conference (i.e. the Tribunal) will have to consider how the data should be processed so that no data protection laws will be breached. On the other hand, the video conferencing provider/platform will be considered as “data processor” under the GDPR. This menas that the video conferencing providers must also take into account and adhere to the parameters of GDPR if any of the participants are domiciled in the European Union (“EU”) or when the provider is established in the EU.

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SGP High Court: Can a Third Party Apply For Stay of Court Proceedings?

Date: 26.05.2020

It is settled law that a party to a contract can apply for a stay of court proceedings when there is an agreement to arbitrate. However, it remained unclear if such a stay could be applied by a third party. Recently in January, the Singapore High Court (“the Court”) had the chance to clear the ambiguity in the case of Hai Jiang 1401 Pte Ltd v Singapore Technologies Marine Ltd [2020] SGHC 20 (https://www.supremecourt.gov.sg/docs/default-source/module-document/judgement/os-83-2018-hai-jiang-final-24012020-pdf.pdf). This marks the first time that a local court has ratified the principle that a non-party to a contract which contains an exclusive jurisdiction clause (or arbitration clauses) can obtain an anti-suit injunction against a person that had commenced proceedings abroad against him.

SGP Court of Appeal: Lower Threshold for Staying of Winding-Up Proceedings When There is a Valid Arbitration Agreement

Date: 26.05.2020

It is settled law that a debtor company needs to raise triable issues or establish a bona fide dispute in order to obtain a stay or dismissal of the winding-up application. The exception to this rule is evinced in the English case of Salford Estates (No 2) Ltd v Altomart Ltd (No 2) [2015] Ch 589. The court therein held that, if the dispute with regards to the debt is subject to an arbitration agreement, the prima facie standard of review ought to apply. Nevertheless, there have been conflicting approaches in the common law jurisdictions when deciding the applicable standard of review in such cases.

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SGP Court of Appeal: BXH v BXI [2020] SGCA 28 / setting aside of an award

Date: 26.05.2020

In the case of BXH v BXI [2020] SGCA 28, (https://www.supremecourt.gov.sg/docs/default-source/module-document/judgement/-2020-sgca-28-pdf.pdf) the Singapore Court of Appeal allowed an appeal to set aside a substantial part of an arbitral award under Article 34(2)(a)(i) of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”). In coming to its decision, the Court of Appeal considered a number of novel issues arising from the assignment, novation and reassignment of the legal right to arbitrate over to certain debts. 

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Amendments to SGP’s Arbitration Act (“AA”) and International Arbitration Act (“IAA”)

Date: 21-11-2019

Amendments to the AA and IAA – that came into effect on 21.11.2019) now clarify that IP disputes are capable of being settled by arbitration in SGP and that an award concerning IP rights shall not be contrary to public policy. Such disputes were also arbitrable before the legislative changes and just clarify the current position.

2019 International Arbitration Survey: International Construction Disputes

Date: 21-11-2019

Queen Mary University of London / Pinsent Mason published a survey on International Construction Disputes (https://www.pinsentmasons.com/thinking/special-reports/international-arbitration-survey). The key findings are that while arbitration is still regarded by construction companies as the preferred method for resolving disputes on international construction projects, there is scope for improved efficiency and flexibility at all stages of the arbitral process.

Singapore Court of Appeals – award enforcement barred by incorrect seat

Date: 18-11-2019

In "ST Group Co Ltd and others v Sanum Investments Limited and another appeal" [2019] SGCA 65 the Singapore Court of Appeals recently ruled that once an arbitration is incorrectly seated (i.e. in a seat not chosen by the parties), in the absence of a waiver by the parties, any subsequent award would not be recognised and enforced by the courts (https://www.supremecourt.gov.sg/docs/default-source/module-document/judgement/ca-113-2018-j---sanum-pdf.pdf).

CIArb’s New Guidelines for Witness Conferencing

Date: 27-10-2019

The process of allowing experts or other witnesses to make their statements together can be difficult to handle. Recent developments in this area are therefore very welcome, especially since there are hardly any regulations for this procedure so far.

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Does the Singapore International Commercial Court extend the period for an appeal against a final award?

Date: 03-10-2019

In the judgement (“BXS v BXT [2019] SGHC(I) 10”) the Singapore International Commercial Court (“SICC”) decided whether it has the power to extend the period within which an action may be brought against an award.

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Inactivity bars the right to challenge an arbitral award

Date: 02-10-2019

Article 16 of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”) provides a means for the early settlement of disputes concerning the jurisdiction of an arbitral tribunal.

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The Singapore Convention

Date: 02-10-2019

The “Convention on International Settlement Agreements Resulting from Mediation” (“the Singapore Convention or the Convention ”) was signed on August 7, 2019 in Singapore by 46 states including the US, China, India, Laos, Malaysia, Philippines, Republic of Korea, Sri Lanka, Brunei and Singapore.

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