Pre-award arbitrability: the seat, the governing law and the composite approach
Singapore International Arbitration Blog
by Os Agarwal
9M ago
In the event a party challenges arbitrability of a dispute, a threshold question arises: should the issue of arbitrability be considered under the law governing the arbitration agreement or the law of the seat of the arbitration? This issue was ..read more
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SGCA exercises inherent power to set aside judgment enforcing arbitral award and order return of sums paid out
Singapore International Arbitration Blog
by Os Agarwal
1y ago
Does the court have inherent powers to set aside an earlier judgment enforcing an erroneous arbitral award? What about consequential orders flowing from such a judgment? The Singapore Court of Appeal had occasion to decide this in ST Group Co Ltd ..read more
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Singapore Court of Appeal affirms tribunal power to decide appropriate relief by refusing to set aside remedies award (Bloomberry Resorts and Hotels Inc v Global Gaming Philippines LLC)
Singapore International Arbitration Blog
by Wei Ming Tan
2y ago
This article was first published by Lexis®PSL on 19 October 2021. Arbitration Analysis: In refusing to set aside a remedies award issued in a Singapore-seated ad hoc arbitration pursuant to the UNCITRAL Arbitration Rules, the Singapore Court of Appeal affirmed ..read more
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SGHC sets aside arbitral award for breach of fair hearing rule and natural justice
Singapore International Arbitration Blog
by Os Agarwal
3y ago
In BZV v BZW and another [2021] SGHC 60, the Singapore High Court (the “Court”) allowed a party’s application to set aside an arbitral award on the basis that the tribunal had failed entirely to appreciate the correct questions it had to ..read more
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The SIAC Annual Report 2020: Highlights and Takeaways
Singapore International Arbitration Blog
by Os Agarwal
3y ago
The Singapore International Arbitration Centre (“SIAC”) published its Annual Report 2020 recently, reporting another year of record growth in case load and expansion of its offices beyond Asia. In this article, we summarise some of the Report’s key highlights and ..read more
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Rights of representation in international arbitration: are you being heard?
Singapore International Arbitration Blog
by Dami Cha
3y ago
A recent decision of the Singapore High Court declined to set aside a Singapore International Arbitration Centre (“SIAC”) award where the applicant asserted that the Tribunal had improperly excluded its General Manager from acting as co-counsel. This decision contains important ..read more
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Arbitration Clause in Settlement Agreement Triggers a Stay of Court Proceedings on Case Management Grounds
Singapore International Arbitration Blog
by Dami Cha
3y ago
In the case of PUBG Corp v Garena International I Pte Ltd and others [2020] SGCA 51 (“PUBG”), the Singapore Court of Appeal had to decide whether or not to grant a stay of the parties’ ongoing court proceedings (“Court Proceedings”) in ..read more
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SGCA clarifies applicable standard of review in dismissal of winding-up proceedings in favour of arbitration
Singapore International Arbitration Blog
by Dami Cha
3y ago
The coronavirus pandemic has left companies increasingly concerned about the possibility of winding-up as a result of a failure to pay debts. In a situation where a party’s disputed debt is subject to an arbitration clause, the debtor may wish ..read more
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Arbitrability of IP disputes in Singapore – recent amendments to the AA and the IAA
Singapore International Arbitration Blog
by Dami Cha
3y ago
Pursuant to the passing of the Intellectual Property (Dispute Resolution) Bill in August 2019, amendments have been made to, amongst others, the Singapore Arbitration Act (“AA”) and the International Arbitration Act (“IAA”) to clarify the arbitrability of intellectual property rights ..read more
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Singapore – standard costs to be awarded by default for failed award set-aside applications (BTN v BTP)
Singapore International Arbitration Blog
by Wei Ming Tan
3y ago
Arbitration analysis: A recent Singapore High Court case confirmed the default position under Singapore law that unsuccessful applications to set aside an arbitral award will be awarded costs on a standard basis rather than on an indemnity basis. Costs on ..read more
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