Features of the New CFA Framework -
From 4 May 2022, lawyers in Singapore can enter into CFAs with clients for international and domestic arbitration proceedings (including arbitrations conducted under the SIAC rules) and...more
The Situation: On 25 June 2021, the Full Court of the Federal Court in Hub St Equipment Pty Ltd v Energy City Qatar Holding Company [2021] FCAFC 116 (Hub v Energy City Qatar) refused to uphold the enforcement of an arbitral...more
The Situation: In line with other UNCITRAL Model Law jurisdictions, in Australia, the grounds on which to challenge the outcome of a commercial arbitration are narrowly circumscribed. Having chosen to resolve their disputes...more
While tribunals in Singapore enjoy wide discretion in managing procedural and evidentiary matters in arbitrations, that discretion is not unfettered and does not necessarily allow a tribunal to deny parties the right to...more
The 2021 ICC Rules, which will enter into force on January 1, 2021, include a new requirement for disclosure of third-party funding arrangements.
On October 8, 2020, the International Chamber of Commerce ("ICC") announced...more
10/30/2020
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Conflicts of Interest ,
Disclosure Requirements ,
Hong Kong ,
Hong Kong International Arbitration Centre (HKIAC) ,
ICSID ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
New Rules ,
Third Party Funding
The winding-up process in Singapore is no longer available in respect of debt claims that are subject to a valid arbitration clause, except in extremely limited circumstances.
On April 7, 2020, the Singapore Court of...more
The Situation: On June 26, 2018, the United Nations ("UN") Commission on International Trade Law approved the final draft of the Singapore Mediation Convention ("Convention"), the significance of which was discussed in a...more
The Situation: Most construction contracts, including AS4000 and AS2124, stipulate that a final certificate is issued following completion of the work, stating the final amount payable between the parties.
The Development:...more
The Situation: Parties to contracts on major projects with a connection to Australia frequently arbitrate disputes elsewhere.
The Development: The Federal Court of Australia ("FCA") held that Australian courts do not have...more
10/24/2017
/ Arbitration ,
Arbitration Agreements ,
Australia ,
Foreign Jurisdictions ,
Hague Convention ,
International Arbitration ,
Jurisdiction ,
Samsung ,
Singapore ,
Subpoenas ,
Third-Party ,
Venue