Germany is in the process of renewing its arbitration law, which in its current version dates from 1997. In April 2023, the German Federal Ministry of Justice (the “Ministry”) published a Key Issues Paper, identifying...more
As the use of arbitration as a means of dispute resolution has grown in popularity, there has been a marked increase in the need for arbitral awards to be recognised and enforced in offshore jurisdictions. The...more
On 25 April 2023, the new Luxembourg framework for arbitration foreseen by the Law of 19 April 2023 modifying the New Civil Procedure Code and reforming the arbitration entered into force....more
Parties to an arbitration only need to be given a "reasonable" opportunity to present their case and to address the cases of their opponents under the Hong Kong Arbitration Ordinance. So ruled the Honourable Justice Mimmie...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
Introduction - Whether you have a supplier or manufacturer in Asia or distributors in the European Union or South America, all successful product manufacturers do business globally....more
香港原讼法庭连续两次在裁决中驳回撤销仲裁裁决时限延迟申请，在其中一案中暗示，“为整体司法利益起见”，有必要制定法律在此方面给予法院更多自由裁量权。...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
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
Multilateral conventions relating to arbitration - Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in...more
In what has been a long-standing dispute comprising several applications before the courts of Singapore and Hong Kong, the Singapore High Court has rejected an application to refuse enforcement of an arbitral award for US$200...more
Federal Law No. 6 of 2018 Concerning Arbitration (the "New Law") came into force on 16 June 2018. It applies to all arbitrations seated in the United Arab Emirates ("UAE") (excluding the DIFC and ADGM), and includes...more
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
Almost 12 years after it acceded to the New York Convention, the UAE’s new Federal Arbitration Law came into effect on 16 June 2018. Closely based on the UNCITRAL Model Law, it is widely regarded amongst the international...more
In a 17 October 2017 decision with significant implications for arbitration agreements between international parties, the Swiss Supreme Court held that the parties had validly waived their right to challenge an international...more
Differences in enforcement and arbitral rules could cause difficulties for unwary parties engaged in or considering arbitration in mainland China. China’s economic growth has attracted significant foreign investment in...more
On 16 February 2017, Qatar adopted a new arbitration law (Law No. 2 of 2017) promulgating the Law of Arbitration in Civil and Commercial Matters (the "Qatar Arbitration Law"). This supersedes the arbitration chapter contained...more
Argentina is keen to attract foreign investment. Not only has it recently implemented a series of economic measures, but it has also made changes to its legal framework including the enactment of a new arbitration regulation,...more
On October 7, 2015, the United States Court of Appeals for the District of Columbia Circuit issued the mandate on its opinion affirming the judgment of the United States District Court for the District of Columbia confirming...more
International arbitration in Asia has seen a dramatic surge in popularity in recent times. It has grown up alongside an increase in cross-border investment within and from outside Asia. There are three key reasons for this...more