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Singapore International Arbitration Arbitration Agreements

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

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

Shearman & Sterling LLP

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

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

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

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

Shearman & Sterling LLP

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?

Cranfill Sumner LLP on

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

Shearman & Sterling LLP

Singapore Expands Arbitration Funding Options – Hong Kong Reforms Due Q4 2022

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

Morgan Lewis

Singapore Court of Appeal Affirms the Importance of Pleadings in Arbitration Proceedings

Morgan Lewis on

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

Morgan Lewis

Singapore Court of Appeal Sets Aside Part of International Arbitral Award for Breach of Fair Hearing Rule

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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

Akin Gump Strauss Hauer & Feld LLP

A High Point for On-Demand Bonds: English Court of Appeal Questions ‘Paget’s Presumption’; English High Court Rejects Emergency...

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

Hogan Lovells

25 years of the Arbitration Act: Time for reform?

Hogan Lovells on

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

Morgan Lewis

Singapore High Court Sets Aside Arbitration Award: Lessons on What Is and Is Not Procedurally Acceptable

Morgan Lewis on

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

Jones Day

Witness-Gating: Arbitrator's Denial of Witness Evidence at Hearing Deemed Breach of Natural Justice in Singapore

Jones Day on

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

Allen & Overy LLP

Amendments to the Singapore International Arbitration Act come into force

Allen & Overy LLP on

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

Morrison & Foerster LLP

Singapore Announces Amendments To Its International Arbitration Act

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

Hogan Lovells

New year, new views - arbitration highlights in the Year of the Rat

Hogan Lovells on

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

Morrison & Foerster LLP

BNA v BNB: Singapore High Court Upholds Tribunal's Jurisdiction by Interpreting Agreement for "Arbitration in Shanghai" to Provide...

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

Sheppard Mullin Richter & Hampton LLP

Privacy And Confidentiality Are Siblings, Not Twins

When asked why they choose to resolve their disputes through international arbitration, parties often identify confidentiality as an important factor. While the parties may think their arbitration is confidential, in many...more

Latham & Watkins LLP

Chinese Court Takes Pro-Arbitration Approach to Validity of International Arbitration Agreement

Latham & Watkins LLP on

Parties must draft arbitration agreements with Chinese parties clearly and precisely to ensure validity and avoid unwanted litigation. A Beijing court recently adopted a pro-arbitration approach in upholding the validity...more

Jones Day

Singapore’s Highest Court Sets Aside Investment Treaty Award

Jones Day on

The Situation: A group of South African mining investors attempted to revive an investment treaty award by which the Kingdom of Lesotho was held liable for its role in disbanding the Tribunal of the Southern African...more

Jones Day

Singapore Court Affirms Power of Arbitral Tribunals to Order Attorneys' Eyes Only Disclosure

Jones Day on

The Situation: In a recent application to set aside a Singapore arbitral award, the Singapore High Court considered whether a tribunal could order one of the parties to disclose certain documents only to the other party's...more

Morgan Lewis

An Introductory Guide to Arbitration in Singapore - March 2018

Morgan Lewis on

ARBITRATION LEGISLATION IN SINGAPORE - What legislation governs domestic and international arbitration in Singapore? There are three main pieces of legislation: ..The International Arbitration Act (IAA). ..The...more

K&L Gates LLP

Arbitration World

K&L Gates LLP on

Welcome to this 35th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and...more

Jones Day

Court Limits Australia's Jurisdiction to Assist International Arbitrations

Jones Day on

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

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