A range of cases from Hong Kong, England, Malaysia and Singapore including an update on the Arrangement Concerning Mutual Measures between Hong Kong and the Mainland, an Arbitrator’s duty of impartiality and independence, and a host of enforcement-related cases.Continue Reading
The Singapore Court of Appeal confirms the decision of first instance court to lift a stay on proceedings but on different grounds.
The High Court deals with an argument that a partial award constitutes a negative jurisdiction decision and various arguments that the award should be set aside under Article 34(2) of the Model Law.
This month, in addition to the usual International Arbitration updates from around the globe, we highlight an issue which arises regularly and continues to vex courts around the world – the extent to which third parties/non-signatories may rely on or be bound by an arbitration agreement.
The court in BXS held that the time for making an application to set aside under Article 34(3) could not be extended. One month later, in BXY, the SICC reaches the same conclusion in respect of Article 16(3) of the Model Law.
A cross-border update of judgments dealing with challenges to arbitration awards, dealing with decisions from the courts of Hong Kong, Singapore and England.
A practical overview of third party funding in belt and road disputes in the main arbitral seats together with practical takeaways on what a party should consider when considering third party funding and tips to ensure its use is successful.
The Singapore High Court dismisses an application to set aside an arbitration award under A.34 of the Model Law, finding that the tribunal had jurisdiction and that its composition was in accordance with the parties’ agreement.
In addition to the usual IA updates from around the globe, we highlight two cases, a HK CA decision dealing with a stay application in the context of insolvency proceedings, the other from Singapore refusing an extension of time to bring a setting aside application under Article 34 of the Model Law.Continue Reading
In an important decision, a Singapore court finds that the time to bring a setting aside application under Article 34(3) of the Model Law cannot be extended.Continue Reading
In a significant legal development, the Singapore Mediation Convention, modeled on the New York Convention, facilitates the enforcement of international settlement agreements arising from mediation.Continue Reading
This month, a series of cases from Malaysia dealing with injunctions, including to restrain the calling of performance bonds and the grant of an anti-arbitration injunction, as well as a review of the Rakna decision from Singapore, concerning the effects to enforcement of non-participation in the arbitration proceedings.Continue Reading
CMS Holborn Asia review the Singapore Court of Appeal’s decision in Rakna Arakshaka Lanka Ltd …Continue Reading
Morrison Foerster review the 1 July 2019 decision from the Singapore High Court in BNA …Continue Reading
Morrison Foerster review the Singapore Ministry of Law’s 26 June 2019 consultation paper seeking comments …Continue Reading
An interesting array of legal developments this month including the Hong Kong court’s refusal to grant a stay to arbitration under Article 8 ML, and a range of enforcement-related cases from Hong Kong, Singapore and England.Continue Reading
Corrs Chambers Westgarth review the Singapore High Court’s 2019 decision in BVU v BVX  …Continue Reading
Linklaters review the 2018 decision in Marty Ltd v Hualon Corp (Malaysia)  SGCA 63, …Continue Reading
Herbert Smith Freehills review the decision of the Singapore High Court in Rakna Arakshaka Lanka …Continue Reading
Stephenson Harwood reviews the Singapore High Court’s decision in Ling Kong Henry v Tanglin Club …Continue Reading
Stephenson Harwood review the Singapore High Court’s decision in Sinolanka Hotels & Spa (Private) Limited …Continue Reading
Stephenson Harwood review the 2018 decision of the Singapore High Court in Sanum Investments Limited …Continue Reading
Linklaters review of the Singapore High Court’s 2018 decision in China Machine New Energy Corp …Continue Reading
King & Wood Mallesons summarise the basic principles of mediation and arbitration and the SIAC-SIMC …Continue Reading
Herbert Smith Freehills review the Singapore High Court’s decision in Heartronics Corporation v EPI Life …Continue Reading
Baker McKenzie review the 2016 Singapore High Court’s decision in the ground-breaking case of Sanum …Continue Reading
Herbert Smith Freehills review a decision of the Shanghai No.1 Intermediate Court (not released to …Continue Reading
Herbert Smith Freehills review the 2017 decision of the Singapore High Court in BMO v …Continue Reading
Courts regularly face the situation where a contract grants a right to only one of …Continue Reading
Herbert Smith Freehills review the Singapore High Court’s 2017 decision in K.V.C Rice Intertrade Co …Continue Reading
Baker McKenzie review the Singapore Court of Appeal’s 2016 decision in Sanum Investments Ltd v …Continue Reading