Episode 85: Noel Ng | Goodwins Law Corporation
Patent Grace Period Considerations in Australia, Japan, South East Asia and the U.S.
High Speed in the FinTech Patenting Race
FCPA Compliance Report-Episode 371, James Koukios on International Anti-Corruption Developments from December 2017
If the agreement between a creditor and debtor refers disputes to arbitration, what limits should be placed on the creditor to pursue winding-up proceedings based on an unpaid debt under that agreement? Should a court simply...more
Last week, in CNA v. CNB and another [2024] SGCA(I) 2, the Singapore Court of Appeal published its grounds for dismissing an appeal against a decision of the Singapore International Commercial Court (SICC) which declined to...more
The Singapore Court of Appeal held on 2 May 2024 in Voltas Ltd v York International Pte Ltd that (1) a conditional award can be a final award; and (2) following the issuance of a final award and absent an express reservation...more
The Singapore Court of Appeal has overturned the High Court decision in the case of Founder Group (Hong Kong) Limited (in liquidation) v Singapore JHC Co Pte Ltd [2023] SGCH 159, in the latest development concerning the...more
The Singapore Court of Appeal has dismissed an application to set aside an arbitral award, emphasising the policy of minimal intervention in arbitration proceedings. The Court of Appeal found that although the court of the...more
The Singapore High Court has again confirmed that a winding-up application concerning a disputed debt that is subject to an arbitration agreement will be dismissed if the arbitration agreement is prima facie valid and covers...more
A recent Singapore International Commercial Court ("SICC") decision considered the extent to which an arbitral tribunal can exclude evidence after a specified date. It is often said that arbitral tribunals are the masters...more
While it might seem to a commercial negotiator to be a point of pedantic detail in drafting an arbitration clause, the recent decision of Anupam Mittal v. Westbridge Ventures emphasises the importance for commercial parties...more
The Singapore International Commercial Court (SICC) recently introduced a new model clause allowing parties to expressly designate the SICC as having jurisdiction over court proceedings relating to Singapore-seated...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
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
Hong Kong and Singapore, the Asia Pacific’s leading seats of international arbitration, have both implemented reforms enabling parties to enter into outcome related fee structures (ORFSs) with their lawyers for arbitrations...more
A recent trend in discussions in the international arbitration industry involves the arbitrator’s role in suggesting settlement to the parties or even mediating the dispute. In some civil law countries, the practice of having...more
Hong Kong and Singapore, the Asia Pacific’s leading seats of international arbitration, are both implementing reforms to enable parties to enter into outcome related fee structures (“ORFSs”) with their lawyers for...more
The latest case of PhoenixFin Pte Ltd. and others v. Convexity Ltd. is the culmination of a series of Court of Appeal of Singapore cases setting out the significance of pleadings in arbitration. The court held that pleadings...more
The Court of Appeal of Singapore considered that a “manifestly incoherent” arbitral award would mean parties have not been accorded a fair hearing and a remission would not be appropriate where it is objectively assessed that...more
On-Demand Bonds or Guarantees are preferred relative to “see to it” Bonds or Guarantees. This is because under On-Demand Bonds the obligation to pay arises through a demand being made under the Bond whereas under a “see to...more
2021 marks the 25th anniversary of the Arbitration Act 1996. Since it came into force, the Arbitration Act has been hailed for making London an attractive destination for international arbitration. However, as competing...more
In the recent case of Convexity Ltd. v. Phoenixfin Pte Ltd., Mek Global Ltd. and Phoenixfin Ltd. [2021] SGHC 88, the Singapore High Court departed from its pro-arbitration stance and set aside an arbitral award. ...more
On 19 March 2021, the Singapore High Court issued an important decision on the concept of a “forced joinder” in CJD v CJE [2021] SGHC 61 (available here). A forced joinder refers to a third party consenting to be joined as a...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
On 1 December 2020, the International Arbitration (Amendment) Act 2020 (the Amendment Act) came into force, introducing two of the proposed amendments to the Singapore International Arbitration Act (SIAA) that had been...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
As the world welcomes in the Year of the Rat, we take a look back at five recent decisions that made big waves in the Year of the Pig in their different ways, across Hong Kong, Singapore, and England. ...more
On July 1, 2019, the Singapore High Court handed down its anonymized decision in BNA v BNB [2019] SGHC 142 (“BNA”). The case involved an application under section 10(3) of Singapore’s International Arbitration Act (“IAA”)...more