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It is trite that an arbitral tribunal has no jurisdiction to decide any issue that has not been submitted to arbitration, and that the parts of an arbitral award that relate to such issues may be set aside by the court. In CJA v CIZ [2022] SGCA 41 (“CJA v CIZ”), the Singapore Court of Appeal (“SGCA”) held that a tribunal that made findings beyond the precise terms of the pleadings and submissions advanced by…

No training programme for first year arbitration associates is complete without an exploration of the advantages of arbitration versus litigation. Young lawyers learn the attractions of confidentiality and the enforcement benefits of the New York Convention. They hear the risks of finality and potential lack of predictability. Ultimately, we explain these to our clients, who make the decisions. Similarly, many surveys in our industry start with the same question: do you prefer arbitration or litigation?…

A. LEGISLATION AND RULES A.1         No Legislative Amendments to the IAA and AA in Singapore International arbitration continues to be governed by the International Arbitration Act (IAA), the Arbitration Act (AA) and the Arbitration (International Investment Disputes) Act, to which there have been no legislative amendments in the past year. A.2         Institutions, rules and infrastructure The main arbitral institution in Singapore is SIAC, which is ranked second among the world’s top five arbitral institutions and…

A. LEGISLATION AND RULES A.1       Legislation South Korea has adopted a pro-arbitration legal framework that governs both domestic and international proceedings. International arbitration proceedings continue to be governed by the Korean Arbitration Act, which is based on the UNCITRAL Model Law. In 2016, the Korean legislature enacted long-awaited amendments to the Korean Arbitration Act and adopted many of the 2006 Amendments to the UNCITRAL Model Law. A minor amendment was added in 2020 to article…