In order to promote the amicable resolution of international commercial disputes, the Singapore International Commercial Court (SICC) has released a Litigation-Mediation-Litigation Protocol (the “LML Protocol”), setting out a...more
In 2022, the SIAC received a total of 357 new case filings, 336 of which were cases administered by the SIAC. With the boom in disputes triggered by the COVID-19 pandemic fading away, the SIAC’s 2022 caseload dropped below...more
On January 12, 2023, the Singapore International Commercial Court (“SICC”) launched a model clause (“SICC Model Jurisdiction Clause”) to assist parties that wish to designate the SICC as the court having supervisory...more
On December 16, 2022, Hong Kong’s new regime permitting outcome related fee structures (“ORFS”) in arbitration and arbitration-related court proceedings came into force. This follows a recommendation for change by the Law...more
On January 20, 2023, the Hong Kong International Arbitration Centre (“HKIAC”) released its annual statistics for 2022. The statistics suggest that HKIAC swiftly recovered from the drop in caseload in 2021 and has returned to...more
In Anupam Mittal v Westbridge Ventures II Investment Holdings, [2023] SGCA 1, the Singapore Court of Appeal (“SGCA”) held that the law governing the arbitration agreement governs arbitrability at the pre-award stage, and...more
Does 28 U.S.C. § 1782 (“Section 1782”), which permits litigants to seek the assistance of U.S. district courts in obtaining evidence for use in a “foreign or international tribunal,” apply to arbitrations before “private...more
On February 9, 2022, the Hong Kong International Arbitration Centre (“HKIAC”) released its annual statistics for 2021. The statistics suggest that HKIAC, while not as busy as it was during the record-breaking year 2020,...more
On December 10, 2021, the United States Supreme Court granted certiorari in two cases—ZF Automotive US, Inc. v. Luxshare, Ltd., No. 21-401, and AlixPartners, LLP v. Fund for Prot. of Investors’ Rights in Foreign States, No....more
On March 22, 2021, the United States Supreme Court granted certiorari in Servotronics Inc. v. Rolls-Royce PLC, No. 20-794, to determine whether the discretion granted to district courts under 28 U.S.C. § 1782 (“Section 1782”)...more
On February 9, 2021, the Hong Kong International Arbitration Centre (“HKIAC”) released its annual case statistics for 2020. This highly anticipated report provides insight into how arbitration in Hong Kong has fared in the...more
On December 7, 2020, Servotronics, Inc. filed a petition for writ of certiorari asking the United States Supreme Court to decide whether parties may seek discovery in the United States for use in commercial arbitration...more
SINGAPORE ANNOUNCES AMENDMENTS TO ITS INTERNATIONAL ARBITRATION ACT
On September 1, 2020, Singapore’s Ministry of Law announced that it is tabling the International Arbitration (Amendment) Bill (the “Bill”) to introduce...more
A recent decision by the U.S. Court of Appeals for the Seventh Circuit widens an existing circuit court split regarding whether parties may seek discovery in the United States for use in commercial arbitration proceedings...more
On September 12, 2020, the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention” or the “Convention”) will enter into force. The Singapore Convention obliges...more
On September 1, 2020, Singapore’s Ministry of Law introduced an International Arbitration (Amendment) Bill (the “Bill”) that proposes two changes to the International Arbitration Act (“IAA”), which governs the conduct of...more
On 11 August 2020, the London Court of International Arbitration (the LCIA) published its long-awaited updates to its Arbitration Rules and Mediation Rules (the New Rules). The updates, which the president of the LCIA said...more
8/19/2020
/ Arbitration ,
Emergency Arbitration Provisions ,
Expedited Actions Process ,
Hong Kong International Arbitration Centre (HKIAC) ,
International Arbitration ,
LCIA ,
Mediation ,
New Rules ,
Remote Hearings ,
SCC ,
SIAC
Parties to arbitrations seated outside the United States occasionally request that U.S. federal courts order discovery under 28 U.S.C. § 1782 (“Section 1782”), which allows discovery in the United States for use in a...more
An important question in international arbitration is whether courts in the United States can order discovery in aid of foreign-seated arbitrations under 28 U.S.C. § 1782 (“Section 1782”). The law in this area is quickly...more
In the United States, some jurisdictions permit discovery using 28 U.S.C. § 1782 (“Section 1782”) in support of private commercial arbitrations seated outside the United States, and some do not. Notably, the Second Circuit...more
CICC ISSUES FIRST RULINGS, AFFIRMS DOCTRINE OF SEPARABILITY -
In October 2019, the PRC Supreme People’s Court published the first rulings issued by the First International Commercial Court (“CICC”). The three rulings,...more
The content first appeared on Global Arbitration Review.
Shanghai is to allow foreign arbitral institutions to register in a free trade zone and administer “foreign-related” arbitrations seated in mainland China. Craig...more
Singapore Passes Amendment Bill on Recognition of Foreign Judgments -
On September 2, 2019, Singapore’s Parliament passed the Reciprocal Enforcement of Foreign Judgments (Amendment) Bill and the Reciprocal Enforcement of...more
On September 19, 2019, the United States Court of Appeals for the Sixth Circuit, for the first time, ruled that 28 U.S.C. § 1782 (“Section 1782”) permits U.S. discovery in support of a private international commercial...more
Hong Kong Court Addresses Interplay Between Arbitration and Insolvency -
On August 2, 2019, the Hong Kong Court of Final Appeal addressed the interplay between arbitration and the court’s insolvency jurisdiction in its...more