The Court of Appeal of Singapore has confirmed that minority shareholder claims under s. 216 of the Singapore Companies Act (Cap 50, 2006) (the Companies Act) are arbitrable, and that there is generally a presumption that all claims (including those arising under statute) which fall within an arbitration clause are arbitrable (Tomolugen Holdings Ltd and another v Silica Investors Ltd and other appeals [2015] SGCA 57). The Court of Appeal also held that the standard…
The much awaited text of the TPP has been released. As anticipated, the Investment Chapter (Chapter 9) sets…
Most major international arbitration rules require that an award rendered by a tribunal include the reasons upon which…
Confidentiality is now “opt-out” As of 14 October 2015, international arbitrations seated in Australia are confidential unless the parties agree otherwise. The amendments to the confidentiality provisions in the International Arbitration Act 1974 (Cth) (IAA) is one of a series of amendments made to the IAA as described below.[1] Confidentiality Through amendments to section 22(2) of the IAA, the confidentiality provisions in sections 23C to 23G of the IAA now apply on an “opt-out”, rather…
Agreement has been reached on the long-awaited Trans-Pacific Partnership (TPP). The TPP is a free trade agreement between…
In the Hong Kong Court of First Instance case of KB v S (HCCT 13/2015), Justice Mimmie Chan,…
Nowadays high value M&A transactions and project structures can be very complex, in particular involving a number of parties based in different jurisdictions who between them enter into a variety of related contracts. To save time and money, parties can seek to resolve all the issues in dispute in the same set of legal proceedings, rather than in many different, but related, proceedings. This has traditionally been done relatively easily in court proceedings. However it…
Arbitral tribunals have the power under Singapore law to rule on their own jurisdiction, consistent with the widely…
A Discussion of the Yukos Case Can the unsuccessful party challenge an arbitral award on the basis that…
Introduction Emergency arbitration is a feature of the rules of all leading international arbitration institutions, both across Asia and elsewhere. Emergency arbitration is considerably new and likely to remain a permanent part of the international arbitration landscape. Prior to the modern day emergency arbitration provisions, precursor emergency arbitration rules existed, such as the International Chamber of Commerce (ICC) Pre-Arbitral Referee procedure, as well as optional emergency arbitrator provisions in the rules of the American Arbitration Association. The emergency arbitration rules implemented in the Stockholm…