We are pleased to present the third edition of our quarterly International Litigation and Arbitration Newsletter for Asia Pacific.
Asia Pacific has become a preferred venue for international commercial arbitration due to its favorable arbitral state legislations. This Newsletter discusses pro-arbitration advancements in Australia and Asian countries and provides summaries of recent cases and judicial developments that have an impact on the legal environment in the region.
For related questions, concerns and subscription requests, please send an email to me or Johanna Morden.
Emmanuel S. Buenaventura
Principal, Dispute Resolution
Out with the Old, In with the New: Arbitration in Asia
The Asian arbitration market is booming. Arbitration has become the chosen mechanism for resolving cross border disputes. This article examines recent policy developments in Australia, Hong Kong and Vietnam, as well as local court intervention and support of proceedings that are making Asian courts among the most arbitration-friendly in the world.
Intellectual Property Disputes and the New IPO Arbitration Rules
The Philippines passed the Intellectual Property Office Arbitration Rules earlier this year to promote the use of alternative methods in resolving intellectual property disputes. In this article, we provide insights on the
strengths and deficiencies of the new rules, and its provisions on primers, models, experiments, site visits, expert witnesses and confidentiality.
Proposed Amendments to the Evidence Act of Singapore
As the Singapore Ministry of Law considers modifying the Evidence Act, the legislative basis for Singapore's law of evidence in civil proceedings, we discuss the potential implications to specific areas of the law of evidence, including legal professional privilege for in-house counsel and hearsay.
High Court Clarifies Standard of Reasons for Arbitral Awards
Westport Insurance Corporation v. Gordian Runoff Ltd  HCA 37. High Court of Australia decrees that arbitrators are not required to provide reasons to the same standard as a judge. An arbitrator's failure to provide adequate reasons is an appealable error in a domestic arbitration under the Commercial Arbitration Act 1984.
Supreme Court Considers Application of Functus Officio and Res Judicata Doctrines in Interim Award Claims
Discovery Beach Project Pty Ltd v. Northbuild Construction Pty Ltd  QSC 306. Queensland Supreme Court rules that claims originally pleaded but not addressed at the hearing merged with claims which were directly addressed in the interim arbitral award under the doctrine of res judicata. The decision demonstrates that the scope and effect of an arbitration award is shaped by the content of written pleadings and discussions in oral hearings.
Practical Impact of the Congo Case: Court Finds Foreign States Immune to Enforcement
Democratic Republic of the Congo and others v. FG Hemisphere Associates LLC (FACV Nos. 5, 6 & 7 of 2010). Hong Kong Court of Final Appeal holds provisionally that foreign states enjoy absolute immunity from enforcement by Hong Kong courts. Parties may not contract out of their immunity to enforcement and an express waiver clause in the arbitration agreement would be ineffective.
Supreme Court Enforces Foreign Arbitral Award in Favor of Foreign Entity
Landoil Resources Corporation v. Al Rabiah Lighting Company  G.R. No. 174720. Philippine Supreme Court affirms that the foreign arbitral award of the Commercial Kully Court of Kuwait against two Philippine corporations which did not participate in the proceedings is enforceable and not contrary to public policy.
Courts Set Out Test for Review of Arbitral Tribunal's Findings on Illegality
AJU v. AJT  SGCA 41. Singapore Court of Appeal rules that courts may not reopen an arbitral tribunal's findings of fact on the illegality of an arbitration agreement in the absence of fraud, breach of natural justice or other vitiating factors, except where there is palpable or indisputable illegality.
Baker & McKenzie releases new Dispute Resolution in Asia 2011 Guidebook
Baker & McKenzie successfully represents Dell, Inc. in Domain Name infringement case in Vietnam
Baker & McKenzie successfully represents Inter IKEA Systems B.V. in Domain Name infringement case in Vietnam
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