Courts in Paris and The Hague have recently refused to enforce awards from the same arbitration. These decisions confirm the logical limits to the pro-arbitration principle that arbitrators and courts should seek to uphold...more
It is well accepted that an arbitral tribunal's deliberations are confidential. But is this principle absolute? More specifically, will a tribunal be ordered to disclose its deliberations if an arbitrator claims that his or...more
In 2018, the Supreme Peoples' Court established a "one-stop" international commercial dispute resolution mechanism (the "Mechanism"). The Mechanism, in short, allows parties to bring their commercial disputes before the China...more
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
Following a 12-year arbitration and two years of enforcement proceedings, the highest court in Singapore has allowed a non-party to enforce an award made in favour of a company that had dissolved. The Court of Appeal held...more
Since the Rock Advertising decision of the UK Supreme Court in 2018, 'no oral modification' clauses have generally been strictly enforced. However, in Lim v Hong, the Singapore Court of Appeal has set a more flexible test for...more
With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow
It is easier than ever for...more
2/6/2019
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