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Inactivity bars the right to challenge an arbitral award

Singapore High Court: Enforcement of Interim Measures Ordered in Singapore-Seated Arbitration Unaffected by Forum Non Conveniens Doctrine

Date: 15.12.2023

In a recent case (CXG and another v CXI and others [2023] SGHC 244), the Singapore High Court held that a Singapore court who possesses the jurisdiction to hear an application to enforce a tribunal-ordered

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CIArb’s New Guidelines for Witness Conferencing

Singapore High Court Refuses to stay crypto claims in favour of arbitration

Date: 15.12.2023

In Beltran, Julian Moreno and another v Terraform Labs Pte Ltd and others [2023] SGHC 340 the Singapore High Court has declined to stay a cryptocurrency case in favour of SIAC arbitration

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The Singapore Convention

Singapore Court of Appeal: Grounds for Curial Intervention in Arbitration Proceedings are Narrowly Circumscribed

Date: 15.12.2023

In Singapore, the grounds on which the seat court can set aside an arbitral award are exhaustively prescribed in s 24 of the International Arbitration Act 1994 (2020 Rev Ed) and Article 34 of the UNCITRAL Model Law on International Commercial Arbitration, as adopted in Singapore by virtue of s 3(1)

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Singapore ICC extend appeal period final award

Singapore International Commercial Court: Secrecy in arbitration

Date: 15.12.2023

In CZT v CZU [2023] SGHC(I) 22 dealt with an arbitration where the majority of the Arbitral Tribunal ultimately ruled in favour of the Defendant and  issued a Final Award which found the Plaintiff was liable to the Defendant for non-performance of contractual obligations

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The Singapore Convention

Singapore Court of Appeal: Public Justice v Confidentiality

Date: 15.12.2023

In The Republic of India v Deutsche Telekom AG, 2 the Singapore Court of Appeal analysed the availability of confidentiality protections after information about the arbitration (whose confidentiality is sought to be protected) was already available in the public domain

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THAILAND: Amended TAI Rules

Date: 15.12.2023

On 19 September 2023, the Thai Arbitration Institute, Office of the Judiciary (“TAI”) published the fifth amendment to its Arbitration Rules in the Royal Gazette (the “Fifth Amendment”). The Fifth Amendment came into effect on 1 September 2023 and, unless otherwise agreed by the parties, is applicable to any arbitration proceedings

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Inactivity bars the right to challenge an arbitral award

High Court Ordered Parties to Mediate in Maxx Engineering Works Pte Ltd v PQ Builders Pte Ltd

Date: 05.10.2023

Are parties required to mediate? For the first time, the Singaporean High Court had the chance to decide on this question in the case of Maxx Engineering Works Pte Ltd v PQ Builders Pte Ltd. The High Court ultimately held that it was just and equitable

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High Court confirms high threshold to establish breach of natural justice

Date: 05.10.2023

In DBL v DBM [2023] SGHC 267 the Singapore High Court confirmed once again the high threshold required to establish a breach of natural justice to have an award set aside. It is only in very limited circumstances that the tribunal’s decision may be considered unfair by the courts. In addition, the court should be cautious not to allow a party to

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Singapore ICC extend appeal period final award

Draft – New 7th Edition of SIAC Rules

Date: 05.10.2023

The draft 7th edition of the Singapore International Arbitration Centre (SIAC) Rules was released for public consultation from 22 August 2023 to 21 November 2023. According to the SIAC

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The Singapore Convention

SICC refused to set aside Arbitral Award based on breach of rules of natural justice and inability to Present One’s Case

Date: 09.06.2023

In CYW v CYX [2023] SGHC(I) 10, the Singapore International Commercial Court (“SICC”) dismissed CYW’s application to set aside an arbitral award made in favour of CYX on

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Inactivity bars the right to challenge an arbitral award

Singaporean Court upheld arbitration agreement in COT v COU & Ors [2023] SGHC 69

Date: 24.05.2023

In COT v COU & Ors the Claimant commenced an arbitration in the SIAC for breach of contract where the tribunal held that the Respondents were jointly and severally liable. The Respondents then applied to set aside the award before the Singaporean High Court

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Singapore ICC extend appeal period final award

Singapore’s SICC Reaffirms its Stance on Arbitration Policy

Date: 20.03.2023

In CFJ and another v. CFL and another [2023] SGHC(I) 1 the Singapore International Commercial Court reaffirmed its hitherto pursued approach of interfering as little as possible with the autonomy of arbitral proceedings

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CIArb’s New Guidelines for Witness Conferencing

Singapore’s SICC Reaffirms High Threshold Test for Breach of Natural Justice

Date: 20.03.2023

In CUW and others v CUZ [2023] SGHC(I) 2 the Singapore International Commercial Court continued with its jurisprudence confirming a high threshold for setting aside awards because of a breach of natural justice, emphasizing that

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The Singapore Convention

Stay of Court proceedings involving third party pending resolution of arbitration of another party

Date: 20.03.2023

In Parastate Labs Inc v Wang Li and others [2023] SGHC 48 the High Court of Singapore had to decide if imposing a stay in favor of an arbitration procedure between the claimant and the arbitration agreement party should also affect indirectly

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Inactivity bars the right to challenge an arbitral award

SGCA Judgement: Applicable law for issues regarding arbitrability

Date: 01.02.2023

In Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1 the Singapore Court of Appeal took an approach that deviates from court decisions in the US and also various European countries regarding arbitrability. The Singapore Court

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The Singapore Convention

Singapore High Court decides that a dispute falls under an arbitration agreement if prima facie evidence is successful

Date: 01.02.2023

In Presscrete Engineering Pte Ltd v SsangYong-Wai Fong Joint Venture [2023] SGHC 8, the Singapore High Court granted a stay of court proceedings in favour of arbitration.

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CIArb’s New Guidelines for Witness Conferencing

Timor-Leste accedes to Convention on the Recognition and Enforcement of Foreign Arbitral Awards

Date: 01.02.2023

On 17. January 2023, Timor-Leste became the 172nd state to accede the New York Convention. The Convention will enter into force for Timor-Leste on 17 April 2023 (https://unis.unvienna.org/unis/en/pressrels/2023/unisl339.html)

Inactivity bars the right to challenge an arbitral award

SICC Judgment: Validity of an arbitration clause - CUG and others v CUH [2022] SGHC(I) 16

Date: 12.12.2022

The Respondent, CUH, was one of the contractors in a joint venture agreement along with 3 other companies (“JV/ JV Parties”) in a large refinery construction project (“Main Contract”). The term regarding payment of money out from the JV's bank account required the authorization of

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Singapore ICC extend appeal period final award

Singapore High Court: Application to set aside an award - Bagadiya Brothers (Singapore) Pte Ltd v Ghanashyam Misra & Sons Pte Ltd [2022] SGHC 246

Date: 05.12.2022

In this case, Bagadiya Brothers (Singapore) Pte Ltd, the plaintiff, has made an application to the Singapore High Court (“SHC”) via

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The Singapore Convention

Suriname accedes to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards

Date: 15.12.2022

With its accession to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards

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Inactivity bars the right to challenge an arbitral award

Revised ICSID Arbitration Rules effective 01 July 2022 important key changes practitioners must be aware of

Date: 05.08.2022

The International Centre for Settlement of Investment Disputes (ICSID) as the principal global forum for investor-State arbitrations recently amended its procedural rules. Arbitrations that begin before ICSID after July 1, 2022, will be heard under the

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Inactivity bars the right to challenge an arbitral award

Arbitrator is “functus officio” after rendering final award

Date: 27.07.2022

In arbitration proceedings, disputes occasionally arise as to whether an arbitrator is “functus officio” or still possesses a reserve of jurisdiction to determine issues

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CIArb’s New Guidelines for Witness Conferencing

Arbitrator asking for further submissions not a breach of natural justice

Date: 27.07.2022

Recognizing that the arbitration process is dynamic, it is generally not wrong for an arbitrator to seek further submissions from parties to dispose the case fairly and justly; rather than, as claimed by the applicant in the case of

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The Singapore Convention

Singapore’s Court of Appeal invokes inherent power to set aside judgment enforcing an erroneous arbitral award

Date: 27.07.2022

In ST Group Co Ltd and others v Sanum Investments Limited [2022] SGCA 2, the Singapore's Court of Appeal ("COA”) had the chance to deliberate whether it was apt to set aside a judgment which enforced a barred

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SICC: An award that is made based on res judicata principles is not, for that reason, contrary to public policy or a breach of natural justice

Date: 27.07.2022

Sanum Investments Ltd and another v Government of the Lao People’s Democratic Republic and others [2022] SGHC(I) 9, is part of various long-running disputes between the parties

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Arbitration award upheld despite Tribunal’s lack of reference to pleadings

Date: 27.07.2022

The case of Asiana Airlines, Inc  v Gate Gourmet Korea Co, Ltd [2022] SGHC(I) 8 concerned an application before the Singapore International Commercial Court (“SICC”) to set aside an arbitral award, as the applicant alleged that there was a breach

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The Singapore Convention

Arbitration award set aside for breach of natural justice

Date: 27.07.2022

In the case of CEF and another v CEH [2022] SGCA 54, the Singapore Court of Appeal ruled that there was a breach of natural justice in one of the Tribunal’s orders

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The Singapore Convention

Singapore’s Court of Appeal allowed enforcement of award in favour of a non-existent entity

Date: 19.05.2022

In the case of National Oilwell Varco Norway AS (formerly known as Hydralift AS) v Keppel FELS Ltd (formerly known as Far East Levingston Shipbuilding Ltd) [2022] SGCA 24

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Singapore ICC extend appeal period final award

Singapore High Court holds that arbitration clause misnaming an arbitral institution is valid

Date: 19.05.2022

In the case of Re Shanghai Xinan Screenwall Building & Decoration Co, Ltd [2022] SGHC 58 the Singapore High Court recently gave effect to a potentially defective arbitration clause,

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Inactivity bars the right to challenge an arbitral award

COA found that arbitral tribunal did not exceed its scope of jurisdiction

Date: 19.05.2022

In the case of CJA v CIZ [2022] SGCA 41 the Singapore’s Court of Appeal (“COA”) overturned the High Court’s judgment by ruling that the arbitral tribunal’s findings where within the scope of submission

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High threshold for establishing fraud in setting aside application

Date: 25.03.2022

In the case of CLX v CLY and another [2022] SGHC 17, the plaintiff sought to partially set aside an arbitral award pursuant to Singapore’s Arbitration Act, on the following grounds

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Inactivity bars the right to challenge an arbitral award

Justice hurried is justice buried

Date: 25.03.2022

In the recent case of Sai Wan Shipping Ltd v Landmark Line Co, Ltd. [2022] SGHC 8, the High Court set aside an award due to the breach of natural justice.

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CIArb’s New Guidelines for Witness Conferencing

 

Court of Appeal affirms arbitral award made in breach of natural justice

Date: 25.03.2022

In the case of PhoenixFin Pte Ltd. and others v Convexity Ltd. [2022] SGCA 17, the Court of Appeal found that the arbitral tribunal’s ruling was in breach of natural justice, outside the scope of submission and contrary to the arbitral procedure

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Inactivity bars the right to challenge an arbitral award

High Court affirms the principle of effective interpretation

Date: 25.03.2022

The central issue in the case of Oilive Pte Ltd. v Hunan Xiangzhong Mining Group Ltd. [2022] SGHC 43 revolves around the validity of an arbitrator's appointment. The plaintiff contended that the appointment of the arbitrator was not in accordance with the parties' agreement

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The Singapore Convention

Arbitration agreement not repudiated by commencement of administrative legal proceedings

Date: 25.03.2022

In CLQ v CLR [2021] SGHC(I) 15, the Singapore International Commercial Court rejected a challenge to a jurisdiction award, finding that the underlying arbitration agreement had not been repudiated by the commencement of separate legal proceedings.

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Singapore International Commercial Court dismisses “back-door” appeal

Date: 25.03.2022

In Twarit Consultancy Services Pte Ltd and another v GPE (India) Ltd and others [2021] SGHC(I) 17, the plaintiff sought to set aside an arbitral award by challenging the tribunal's jurisdiction, arbitrability and breach of natural justice

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The Singapore Convention

SICC dismissed set aside application which was made on the grounds of excess of jurisdiction, non-arbitrability, and public policy

Date: 21.01.22

The Singapore International Commercial Court (“SICC”) dismissed an application to set aside an arbitral award conducted under the auspices of the Singapore International Arbitration Centre in the recent case of 

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Singapore ICC extend appeal period final award

International Arbitral Award made in breach of fair hearing rule set aside

Date: 21.01.2022

In BZW and another v BZV [2022] SGCA 1, the Singapore Court of Appeal (“COA”) upheld the High Court’s decision to set aside

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Inactivity bars the right to challenge an arbitral award

SICC dismissed application to set aside an arbitral award on grounds of breach of natural justice

Date: 21.01.2022

In the recent case of CMJ and another v CML and another [2021] SGHC(I) 20, the plaintiffs (CMJ) sought to set aside an award made under the rules of Singapore International Arbitration Centre, on the grounds

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Inactivity bars the right to challenge an arbitral award

Conditional Stay of Proceedings: When can a waiver of a defence of time-bar be invoked

Date: 07.12.2021

The recent decision in The Navios Koyo [2021] SGHC 131 emphasises the importance of ascertaining and complying with the relevant jurisdiction clause

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Singapore High Court decides that the issue of arbitrability should be determined by the law of the seat of arbitration; not the law governing the arbitration agreement 

Date: 07.12.2021

In Westbridge Ventures II Investment Holdings v Anupam Mittal [2021] SGHC 244, the Singapore High Court held that the subject matter arbitrability should be determined by the law of the seat of arbitration

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CIArb’s New Guidelines for Witness Conferencing

Singapore Court of Appeal Affirms Decision Partially to Set Aside Arbitral Award for Breach of Natural Justice and Excess Jurisdiction

Date: 07.12.2021

In the recent case of CAJ & CAK v CAI [2021] SGCA 102, the Singapore Court of Appeal allowed an application to set aside an arbitral award, stating that this was a “classic case of a breach of natural justice” when

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Singapore ICC extend appeal period final award

The Singapore International Commercial Court dismissed application to set aside the arbitral award and found that the applicant had failed on all the grounds of its application to set aside the award

Date: 07.12.2021

In the recent case of CIP v CIQ [2021] SGHC(I) 13, the applicant sought to set aside an arbitration award on inter alia the following grounds

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New AIAC i-Arbitration Rules 2021

Date: 07.12.2021

Malaysia’s Asian International Arbitration Centre (“AIAC”) has proposed significant amendments to the AIAC i-Arbitration Rules 2018 to reflect contemporary standards and practices in international arbitration.

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Inactivity bars the right to challenge an arbitral award

Court of Appeal explains the deeming effect of Section 4(6) of the Arbitration Act

Date: 21.10.2021

In Cheung Teck Cheong Richard and others v LVND Investments Pte Ltd [2021] SGCA 77, the Singapore Court of Appeal overturned the High Court’s decision to stay the proceedings in favour of arbitration, finding that there was no arbitration agreement.

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Singapore ICC extend appeal period final award

Singapore High Court clarifies when time is extended for a set aside application

Date: 21.10.2021

The Singapore High Court in the case of CNA v CNB and another [2021] SGHC 192, held that an application to set aside an arbitral award was not time-barred because the timeline was extended by an earlier application to correct the award.

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The Singapore Convention

Award made in excess of jurisdiction set aside

Date: 21.10.2021

The High Court in the case of CIZ v CJA [2021] SGHC 178 ruled that the tribunal must decide cases as parties put before them, not cases that parties could or should have made.

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CIArb’s New Guidelines for Witness Conferencing

Arbitral Tribunals have a Public Duty to Consider Evidence of Corruption

Date: 21.10.2021

It was recently held, in Lao Holdings NV v Government of the Lao People’s Democratic Republic and another matter [2021] SGHC(I) 10, that arbitral tribunals have a public duty to consider evidence of corruption, even if this is contrary to a prior agreement

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Inactivity bars the right to challenge an arbitral award

Arbitral Tribunals have the power to grant any High Court reliefs

Date: 21.10.2021

In Bloomberry Resorts and Hotels Inc and another v Global Gaming Philippines LLC and another [2021] SGCA 94, the Court of Appeal held that a relief ordered by the arbitral tribunal, which required the appellants to direct their controlling shareholder

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The Singapore Convention

New TAI rules provide the option of expedited procedure in arbitration

Date: 21.10.2021

The new rules of the Thai Arbitration Institute (“TAI”) which take effect on 1 October 2021, provide parties with the option to resolve disputes via an expedited procedure with lower fee thresholds.

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CIArb’s New Guidelines for Witness Conferencing

Honduras ratifies the Singapore Convention on Mediation 

Date: 21.10.2021

On 2 September 2021, with the deposit of the instrument of ratification at the UN Headquarters in New York, Honduras becomes the seventh state to the United Nations Convention on International Settlement Agreements Resulting from Mediation

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Inactivity bars the right to challenge an arbitral award

Turkey ratifies the Singapore Convention on Mediation 

Date: 21.10.2021

The ratification by Turkey was affected on 11 October 2021 and the Convention will enter into force for Turkey on 11 April 2022. 

The Singapore Convention

Singapore abolishes legalization requirement with the Apostille Act 2020 effective 16.09.2021

Date: 01.09.2021

Singapore has acceded to the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents  earlier this year and will implement the obligations under

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A Review of Arbitration Proceedings in Ukraine  

Date: 05.08.2021

Together with my colleague Ms. Oksana Riabinina / Kyiv we published a “Review of Arbitration Proceedings in Ukraine” in the July issue of the Singapore Law Gazette 

The Singapore Convention

Court of Appeal sets aside parts of arbitral awards which were made in excess of jurisdiction

Date: 05.08.2021

In CBX and anor v CBZ and ors [2021] SGCA(I) 3, the Singapore Court of Appeal recently set aside the Tribunal’s awards on grounds of breach of natural justice and that the Tribunal had exceeded its jurisdiction.

 

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Singapore ICC extend appeal period final award

The SICC partially set aside an SIAC arbitral award due to to a natural breach of justice while exercising its discretion to suspend the setting aside proceedings

Date: 05.08.2021

In the case of CKG v CKH [2021] SGHC(I) 5, the arbitration concerned an agreement for the respondent to sell its timber concession interests in Indonesia to the claimant.

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CIArb’s New Guidelines for Witness Conferencing

SICC disallowed application to partially set aside SIAC arbitral award

Date: 05.08.2021

In the case of CJM v CJT [2021] SGHC(I) 4, the plaintiffs sought to set aside four paragraphs of the Tribunal’s award (the “Award”),

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Inactivity bars the right to challenge an arbitral award

Court of Appeal rules that it is an abuse of process to seek court’s declaration on a question of law determined by the Tribunal

Date: 05.08.2021

In Republic of India v Vedanta Resources Plc [2021] SGCA 50, the Singapore Court of Appeal rejected granting declaratory relief on points of law regarding confidentiality in investment treaty arbitrations.

 

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The Singapore Convention

Arbitral award held to be outside the scope of the arbitration

Date: 05.08.2021

In Convexity Ltd v Phoenixfin Pte Ltd. and others [2021] SGHC 88, the Singapore High Court set aside an arbitral award on grounds of breach of natural justice, as the Tribunal allowed the introduction of an unpleaded issue for determination without the parties’ agreement. 

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Singapore ICC extend appeal period final award

Award set aside as Tribunal fails to consider parties’ arguments

Date: 05.08.2021

In BZV v BZW and another [2021] SGHC 60, the Singapore High Court set aside an arbitral award on the basis that there was a breach of natural justice (i.e. the fair hearing rule) as the Tribunal had failed entirely to appreciate the correct questions it had to pose to itself

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Inactivity bars the right to challenge an arbitral award

Brazil Joins Singapore Convention

Date: 05.08.2021

On 4th June 2021, Brazil acceded to the “United Nations Convention on International Settlement Agreements Resulting from Mediation”, also known as the “Singapore Convention”.


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The Singapore Convention

Iraq ratifies the New York Convention

Date: 05.08.2021

On 31st May 2021, Iraq has become the 168th signatory to the New York Convention, having previously announced its decision to accede in 2018

 

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Inactivity bars the right to challenge an arbitral award

Singapore Court of Appeal ruled that awarding standard costs is the default position in unsuccessful challenges to arbitral awards

Date: 14.06.2021

Under common law, costs are usually assessed on either a ‘standard’ or ‘indemnity’ basis. The Singapore Court of Appeal recently held in CDM v CDP [2021] SGCA 45 

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Singapore ICC extend appeal period final award

High Court addressed the practical application of principles regarding the setting aside of an arbitral award in Singapore

Date: 14.06.2021

In the case of  CEF and another v CEH [2021] SGHC 114, the Singapore High Court dismissed an application to set aside an award and refused to expand the rules of natural justice

 

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The Singapore Convention

Brazil signs the United Nations Convention on International Settlement Agreements Resulting from Mediation

Date: 14.06.2021

Brazil signed the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the "Singapore Convention on Mediation", on 4 June 2021. With its signature. Brazil becomes the fifty-fourth signatory to the treaty.
Up-to-date information on the Convention and its status is available on the UNCITRAL website: https://uncitral.un.org/

CIArb’s New Guidelines for Witness Conferencing

ICC and SIAC achieved ‘Permanent Arbitration Institution’ status in Russia

Date: 14.06.2021

The Singapore International Arbitration Centre (“SIAC”) and International Court of Arbitration of the International Chamber of Commerce (“ICC”) has received Russian governmental permits to administer arbitrations on 18 May 2021.

 

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Singapore ICC extend appeal period final award

Dispute Resolution Mechanism under the New Singapore-Indonesian BIT

Date: 05.05.2021

The Agreement between the Government of the Republic of Singapore and the Government of the Republic of Indonesia on the Promotion and Protection of Investments (“Indonesia-Singapore BIT”)

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The Singapore Convention

Malawi and Belize accede to Convention on the Recognition and Enforcement of Foreign Arbitral Awards 

Date: 05.05.2021

On 4 March 2021, Malawi acceded to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (also commonly known as the "New York" Convention)

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CIArb’s New Guidelines for Witness Conferencing

Right to full opportunity of presenting a case under Model Law is not unlimited

Date: 05.05.2021

In the case of China Machine New Energy Corp v Jaguar Energy Guatemala LLC and Another [2020] SGCA 12, the Singapore’s Court of Appeal clarified that a party’s right under Article 18 of the UNCITRAL Model Law

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Inactivity bars the right to challenge an arbitral award

Indemnity costs will only be awarded in exceptional circumstances

Date: 05.05.2021

In the case of BTP v BTN [2021] SGHC 38, the Singapore High Court confirmed that an unsuccessful application to set aside an arbitral award or

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The Singapore Convention

Third Party’s Express Written Consent required for ‘Forced Joinder’ Under LCIA Rules

Date: 05.05.2021

In CJD v CJE [2021] SGHC 61, the Singapore High Court refused to join a company as a respondent to an arbitration even though that company had signed the contract containing the arbitration agreement

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Singapore ICC extend appeal period final award

Stay of Proceedings granted as Court finds an Agreement to Arbitrate between the Parties

Date: 05.05.2021

In the case of Cheung Teck Cheong Richard and others v LVND Investments Pte Ltd [2021] SGHC 28, the plaintiffs purchased the shop units developed by the defendant and claimed that the defendant had made fraudulent

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Party not under a duty to correct another Party's misunderstanding of its Case

Date: 05.05.2021

In CIM v CIN [2021] SGHC 75, the Singapore High Court held that there is no duty for a party to correct an opponent's incorrect understanding of its case in an arbitration.

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CIArb’s New Guidelines for Witness Conferencing

Singapore High Court rules ICC’s findings did not go beyond the scope of submission to arbitration

Date: 09.03.2021

The Singapore High Court (SGHC) in the case of CHH v CHI [2020] SGHC 269 dismissed an application under section 48 of the Arbitration Act

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The Singapore Convention

The Singapore High Court grants a stay despite arbitral jurisdiction being disputed

Date: 09.03.2021

In the recent case of Trinity Construction Development Pte Ltd v Sinohydro Corp Ltd (Singapore Branch) [2020] SGHC 215, the Singapore High Court (SGHC)

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Inactivity bars the right to challenge an arbitral award

Refusal of witness evidence at hearing amounts to a breach of natural justice

Date: 09.03.2021

Recently, the Singapore Court of Appeal in CBS v CBP [2021] SGCA 4 held that an arbitrator's denial of witness evidence at a hearing constituted to a breach of natural justice.

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Inactivity bars the right to challenge an arbitral award

Dispute Resolution under the “EU – China Comprehensive Agreement on Investment (CAI)”  

Date: 25.01.2021

After the EU and China concluded in principle agreement regarding the CAI in December 2020, last Friday (22. January 2021) the text of the CAI has been published for the first time.

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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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The Singapore Convention

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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The Singapore Convention

 

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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Inactivity bars the right to challenge an arbitral award

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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CIArb’s New Guidelines for Witness Conferencing

 

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 ICC extend appeal period final award

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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The Singapore Convention

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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The Singapore Convention

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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CIArb’s New Guidelines for Witness Conferencing

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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Singapore ICC extend appeal period final award

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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Singapore ICC extend appeal period final award

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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Singapore ICC extend appeal period final award

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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CIArb’s New Guidelines for Witness Conferencing

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.

The Singapore Convention

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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Singapore ICC extend appeal period final award

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. 

Inactivity bars the right to challenge an arbitral award

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. 

Inactivity bars the right to challenge an arbitral award

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

The Singapore Convention

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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Singapore ICC extend appeal period final award

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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Singapore ICC extend appeal period final award

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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CIArb’s New Guidelines for Witness Conferencing

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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Inactivity bars the right to challenge an arbitral award

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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CIArb’s New Guidelines for Witness Conferencing

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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Singapore ICC extend appeal period final award

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.

Inactivity bars the right to challenge an arbitral award

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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The Singapore Convention

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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CIArb’s New Guidelines for Witness Conferencing

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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Singapore ICC extend appeal period final award

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.

Singapore ICC extend appeal period final award

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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Inactivity bars the right to challenge an arbitral award

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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CIArb’s New Guidelines for Witness Conferencing

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.

Inactivity bars the right to challenge an arbitral award

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.

Inactivity bars the right to challenge an arbitral award

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

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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Singapore ICC extend appeal period final award

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

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

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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