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Determining arbitrability of disputes in Singapore: the “composite” approach

Traditionally, there has been a lack of clarity across jurisdictions over what law applies to determine whether a dispute is arbitrable. The Singapore Court of Appeal has now set out a novel "composite" approach, considering...more

Managing construction risks in Asia-Pacific: Singapore

With a significant and coherent body of case law on construction disputes, Singapore is a hub for resolving many construction disputes across the Asia-Pacific region. Singapore is a vibrant country in Southeast Asia. With...more

Managing construction risks in Asia-Pacific: Malaysia

With its strategic location and significant natural resources, Malaysia is an internationally recognized investment-friendly jurisdiction with a significant construction industry. Malaysian law offers procedural safeguards...more

Beijing Court Upholds Arbitration Clause Designating Non-Existent Arbitral Institution

Case – Sichuan Daiyalan Trading v Hong Kong New Wish Electronics - In Sichuan Daiyalan Trading v Hong Kong New Wish Electronics (Fourth Intermediate People's Court of Beijing, 19 March 2021), the Court upheld an...more

Supreme Court of India ruling allows for foreign-seated arbitrations between Indian companies

The Supreme Court of India has clarified that two Indian parties may elect to arbitrate in a non-Indian forum, and that interim measures for such an arbitration will be available in Indian courts. This ruling gives...more

Old is the new “new” – the rule against penalties in Singapore

Liquidated damages clauses are often attacked in common law jurisdictions for being unenforceable "penalties". The test for what constitutes a "penalty" has been reviewed in common law jurisdictions over recent years. Last...more

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