News & Analysis as of

Singapore Arbitration

A&O Shearman

Submission to arbitral tribunal for interim relief may not amount to submission on merits

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In a recent judgment, the Singapore Court of Appeal had to decide whether a party could submit to the jurisdiction of an arbitral tribunal to determine an interim application, while at the same time maintaining its...more

Hogan Lovells

Interim jurisdiction upheld: provisional award enforced in Singapore despite pending jurisdictional objection

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In DFM v DFL [2024] SGCA 41, the Singapore Court of Appeal has clarified that it is conceptually possible for a party to submit to an arbitral tribunal’s jurisdiction for the purposes of an interim application, while...more

Morrison & Foerster LLP

Singapore International Commercial Court Approves First Cross-Border Pre-Packaged Scheme of Arrangement

Over the Summer, the Singapore International Commercial Court (“SICC”) issued a landmark decision in In Re No Va Land Investment Group Corp [2024] SGHC(I) 17, authored by International Judge (and MoFo alum) James Michael...more

White & Case LLP

Arbitration and Insolvency: A Comparative View from England & Wales, Singapore and Hong Kong

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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

Mayer Brown

Singapore Court of Appeal Considers Effect of New Arbitration Agreement on Pending Arbitration

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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

Mayer Brown

Singapore: Arbitrator Found Functus Officio for Failing to Make Express Reservation of Jurisdiction in Final Award

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The Singapore Court of Appeal has released its grounds for deciding that an arbitrator was functus officio with no jurisdiction to issue a further award in Voltas Ltd v. York International Pte Ltd [2024] SGCA 12....more

Morrison & Foerster LLP

SIAC’s 2023 Statistics Demonstrate Continued Expansion of its Global Reach and Steadfast Confidence in its Capabilities

On April 29, 2024, the Singapore International Arbitration Centre (SIAC) released its 2023 Annual Report. In this client alert, we outline SIAC’s key statistics for 2023, highlighting SIAC’s growth and the confidence that...more

Morgan Lewis

Singapore Court of Appeal Holds Conditional Award Can Be Final Award, No Implied Reservation of Jurisdiction to Revisit

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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

Hogan Lovells

AnAn refined – Singapore Court of Appeal allows winding-up in spite of arbitration agreement

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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

Morgan Lewis

Enforcement of Interim Measures Ordered in Singapore-Seated Arbitration Unaffected by Forum Non Conveniens Doctrine

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In a recent case before the Singapore High Court, the judge clarified that parties intending to enforce interim measures granted in Singapore seated arbitrations under Section 12(6) of the International Arbitration Act 1994...more

Conyers

B2B, B2C, BVI – Crypto Disputes in the Caribbean

Conyers on

In the crypto world, does it really matter where you are? Is there a sunny offshore paradise perspective on the click of a button and a fintech trade? The answer lies as usual in how to unravel a problem should it arise. Both...more

Hogan Lovells

No more than necessary - Singapore Court of Appeal limits court's power to set aside arbitral award

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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

Hogan Lovells

AnAn affirmed – Singapore court confirms arbitration agreements trump winding-up applications

Hogan Lovells on

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

Jones Day

Enforcement of Procedural Timelines in Arbitrations in Singapore

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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

White & Case LLP

Singapore upholds the confidential nature of a Tribunal’s deliberations

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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

Venable LLP

UK Signs Singapore Convention on International Mediation Settlement Agreements

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In a move that reflects the ongoing intention of the United Kingdom's Government to strengthen the country's status as a hub for commercial dispute resolution, the UK signed the United Nations Convention on International...more

Orrick, Herrington & Sutcliffe LLP

Singapore's New Approach to Determining Arbitrability

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

A&O Shearman

New Model Clause for Parties to Designate the SICC as Supervisory Court for Singapore-Seated Arbitrations

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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

Morgan Lewis

United Kingdom to Sign Singapore Convention on Mediation

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Following a consultation, the UK government announced it will sign the Singapore Convention, thereby renewing its commitment to international commercial mediation and the United Kingdom’s position as a world-leading center...more

White & Case LLP

Determining arbitrability of disputes in Singapore: the “composite” approach

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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

Morrison & Foerster LLP

SIAC Recommends SICC as Supervisory Court for Singapore Arbitrations

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

Morrison & Foerster LLP

Singapore Court of Appeal Rules That the Law of the Arbitration Agreement Determines Arbitrability at the Pre-Award Stage

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

A&O Shearman

Hong Kong and Singapore Expand Arbitration Funding Options

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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

Cranfill Sumner LLP

Can My Arbitrator Mediate or Help Settle My Case?

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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

Cranfill Sumner LLP

You Can Run, but You Can’t Hide From the NY Convention

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On June 24, 2022, the Fourth Circuit Court of Appeals issued a ruling in Reddy v. Buttar concerning enforcement of a Singapore arbitration award under the New York Convention on the Recognition and Enforcement of Foreign...more

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