Arbitrium Newsletter No. 11 – 1 September 2020

This month, Arbitrium contains a host of articles from Hong Kong, Singapore and England, including an important decision from the English Court of Appeal clarifying an issue that has vexed courts for some time – the relative weight to be given to the law of the seat and the law of the main contract, where they differ, in determining the proper law of the arbitration agreement.

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Singapore Court Reviews Natural Justice and Public Policy Principles

新加坡法院审查自然正义与公共政策原则
In considering a challenge to a domestic international award arising out of the sale and purchase of vessels, the Singapore High Court reviews the applicable principles of breach of natural justice and public policy.

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Singapore CA Considers Arbitration and Insolvency Proceedings Interplay

新加坡审议仲裁和破产程序
The interplay between arbitration and winding up proceedings continues to attract judicial attention, with a recent decision from Singapore’s highest court affirming the prima facie test, meaning that a debtor need only show that there is a dispute subject to an arbitration agreement.

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SICC Refuses to Set Aside Award on Basis of Relief Granted or Apparent Bias

SICC拒绝就偏见作出裁决
The SICC dismisses an application to set aside an award, finding that the tribunal was justified in granting the cumulative relief that it did, and that there was no apparent bias on the part of an arbitrator who made a belated disclosure about being engaged as co-counsel with the defendant’s legal representative.

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Arbitrium Newsletter No. 8 – 2 February 2020

This month, Arbitrium brings you a range of cases including, from Singapore, the Court of Appeal’s decision in BXS v BNY (overturning the High Court on the question of the right seat of arbitration), and a High Court decision dealing with the public policy ground of objection and time limits ; a raft of cases from England, including a CA decision concerning the governing law of an arbitration agreement and consideration of no oral modification provisions; and an interesting link to the “Disputes Clause Finder”, an online tool which provides users with tailored dispute resolution clauses.

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Singapore HC Refuses to Set Aside Partial Award on Public Policy Grounds

新加坡以公共政策为由拒绝搁置仲裁裁决
The Singapore High Court rejects an argument that enforcement of a partial award could be resisted on the public policy ground, and also deals with time extension applications for setting aside and resisting enforcement of awards.

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International Arbitration Newsletter No.6

We are delighted to report that in the space of only a few months, Arbitrium now boasts a subscriber list of nearly 1,800 specialist international arbitration practitioners from around the globe.  Many of these subscribers have also joined the Arbitrium group on LinkedIn.  Thank you to all our readers, our contributors and our sponsors for their support.

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Singapore Court Clarifies Art.34(3) ML Time Limits & Rejects Natural Justice Objections

新加坡法院澄清了《示范法》第34条第3款规定的时限,并拒绝了自然正义异议
The Singapore court clarifies the applicable time limits under Art.34(3) Model Law and rejects a broad range of natural justice objections as disguised appeals on the merits.

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International Arbitration Newsletter No.4

国际仲裁通讯第4号
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.

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30-Day Time Limit Under Article 16(3) Of Model Law Cannot Be Extended

《示范法》第16条第3款规定的30天期限不能延长
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.

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Update On Challenges to Arbitration Awards

关于仲裁裁决挑战的最新信息
A cross-border update of judgments dealing with challenges to arbitration awards, dealing with decisions from the courts of Hong Kong, Singapore and England.

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Singapore Court Rejects Application To Set Aside Award

新加坡法院驳回撤销仲裁裁决的申请
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.

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International Arbitration Newsletter No.3

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.

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International Arbitration Newsletter No.2

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.

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