A. LEGISLATION AND RULES A.1 Legislation New amendments to the PRC Civil Procedure Law On 1 September 2023, the Standing Committee of China’s National People’s Congress (“China NPC”) released the amendments to the PRC Civil Procedure Law (“2021 CPL”), which has taken effect from 1 January 2024 (“2024 CPL”). The amendments also touch on international arbitration, which, among others, clarify the criteria for the nationality of an arbitral award issued pursuant to an arbitration administered…
A. LEGISLATION AND RULES A.1 Legislation Enacted in 2004, Republic Act No. (RA) 9285, or the Alternative Dispute…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Thailand continues to be governed by the Arbitration Act,…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Australia continues to be governed by the International Arbitration Act 1974 (Cth) (IAA). There have been no amendments to the IAA in the past year. Australia entered into the Regional Comprehensive Economic Partnership Agreement (RCEP) with 10 original parties on 1 January 2022 and with the Philippines on 2 June 2023, while the Australia-United Kingdom Free Trade Agreement (A-UKFTA), which was signed on 17 December 2021,…
A. LEGISLATION AND RULES A.1 Legislation The Indian Arbitration and Conciliation Act, 1996 (“Arbitration Act”) is the primary legislation…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in South Korea continues to be governed by the Korean…
A. LEGISLATION AND RULES A.1 Legislation Arbitration procedures in Vietnam continue to be governed mainly by Civil Procedure Code No. 92/2015/QH13 (CPC), Law on Commercial Arbitration No. 54/2010/QH12 (LCA) and Resolution No. 01/2014/NQ-HDTP issued by the Supreme Court of Vietnam, which provides further guidance on the implementation of certain provisions of the LCA. The LCA is generally based on the UNCITRAL Model Law. However, there are some provisions that differ from the model law. These…
A. LEGISLATION AND RULES A.1 Legislation International arbitration proceedings in Taiwan continue to be governed by the Arbitration…
The draft 7th edition of the Singapore International Arbitration Centre (SIAC) Rules was recently released for public consultation…
The General Division of the High Court in CXG v CXI [2023] SGHC 244 held that a Singapore court who possesses the jurisdiction to hear an application to enforce a tribunal-ordered interim measure in a Singapore-seated international arbitration (“domestic interim measure”) should not be prevented from exercising that jurisdiction on grounds of forum non conveniens (“FNC”). Factual Background In CXG v CXI [2023] SGHC 244, the claimants had applied to the court (the “Leave Application”)…