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.

 

 

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.

 

 

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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