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In Arbitration Agreements

Enforceability of One-Sided Optional Arbitration Clauses in Singapore

by and 5 Mins Read

The Singapore High Court has recently affirmed the enforceability of one-sided optional arbitration clauses (Dyna-Jet Pte Ltd v Wilson Taylor Asia Pacific Pte Ltd [2016] SGHC 238 (“Dyna-Jet”)). The High Court has also considered and clarified the relative burdens of proof where parties seek to enforce or challenge an arbitration agreement in the Singapore courts. What is a one-sided or asymmetric arbitration agreement? An arbitration agreement can comprise either a stand-alone agreement or an “arbitration…

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In Arbitration Procedure

Hong Kong Law Reform Commission Recommends Third Party Funding for Arbitration

by 4 Mins Read

Recent developments The Law Reform Commission of Hong Kong (“LRC”) published a report on 12 October 2016 (“Report”) in which it recommends amendments to the Arbitration Ordinance (Cap. 609) (“AO”) to expressly permit third party funding (“TPF”) for arbitrations and other proceedings under the AO, provided that appropriate financial and ethical safeguards are put in place. The Report sets out the LRC’s final recommendations on TPF and related matters, including draft provisions to amend the AO.…

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In Arbitration Procedure

Failure to Specify Arbitral Seat in the Arbitration Clause May Result in Unenforceable Award

by 7 Mins Read

In a recent PRC case (the “Taizhou Court Case”), the Taizhou Intermediate People’s Court (“Court”) refused enforcement of an ICC award on grounds of public policy because the court had previously held that the arbitration clause was invalid. This outcome could have been avoided if the parties had specified a suitable arbitral seat in the arbitration clause. We will discuss this case and provide recommendations for avoiding such outcomes. Relevance of the arbitral seat The…

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