The case of T v W[1] reinforces the important principle that bills of exchange have a legal life of their own, separate from the underlying contract. They usually do not fall within the scope of an arbitration clause in the underlying contract unless there is a clear and express indication that they do. Factual background Under a Loan Agreement, P agreed to lend D HKD 5 million. P advanced the money and D drew a…
The Court of Appeal in CAJ v. CAI [2021] SGCA 102 has upheld an earlier High Court decision…
A. LEGISLATION AND RULES A.1 No Legislative Amendments to the IAA and AA in Singapore International arbitration continues…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Indonesia continues to be governed by Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (“Arbitration Law”), to which no legislative amendment was made in 2021. Indonesia ratified the New York Convention through Presidential Decree No. 34 of 1981. A.2 Institutions, rules and infrastructure A.2.1 Arbitration institutions in Indonesia Subject to the nature of the dispute, parties that choose arbitration as a dispute settlement…
A. LEGISLATION AND RULES A.1 Legislation The Indian Arbitration and Conciliation Act, 1996 (“Act”) is the primary legislation governing…
A. LEGISLATION AND RULES A.1 Legislation South Korea has adopted a pro-arbitration legal framework that governs both domestic…
A. LEGISLATION AND RULES A.1 Legislation A.1.1 Background of the Arbitration Law The development of legislation for arbitration in Taiwan can trace its roots back to 1961, when the Commercial Arbitration Act in Taiwan was first promulgated on 20 January 1961. It was amended in 1982 and 1986. Then in 1998, the Commercial Arbitration Act was made over with reference to the UNCITRAL Model Law on International Commercial Arbitration (1985) and renamed the “Arbitration Law”.…
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 Japan continues to be governed by the Arbitration Act…
A. LEGISLATION AND RULES A.1 Legislation A.1.1 Proposed Amendment to PRC Arbitration Law On 30 July 2021, China’s Ministry of Justice published the proposed amendments to the current PRC Arbitration Law for public consultation. The draft amendment represents a major overhaul of the current arbitration regime that was introduced 26 years ago, with the primary aims of bringing the PRC arbitration law more into line with international best practices and making China a more attractive…