Case comment on Z v A and others (HCCT 8/2013) Introduction The place of arbitration is of pivotal importance to any arbitration because it determines: the legal system which supplies the lex arbitri, which is the law of the arbitration agreement that determines the meaning, validity and enforceability of the arbitration agreement; andthe court which hears applications to challenge the arbitral tribunal (eg. jurisdiction, bias, etc…) and set aside the arbitral award. Problems can therefore…
What are the differences between the most popular international arbitration rules. You find an updated version of our…
Recent developments The China International Economic and Trade Arbitration Commission (“CIETAC”) has recently published its new arbitration rules…
(just ask Hong Kong and London) New rules and model clauses released by the Hong Kong and London arbitral institutions highlight the importance of choosing the law governing the arbitration agreement itself You may be aware that an arbitration agreement is separable and distinct from the main contract between the parties. But did you know that an arbitration agreement can be governed by a law that is different to the governing law of the main…
One step closer to national harmonisation On 14 March 2013, the Commercial Arbitration Act 2013 (Act) was passed…
The High Court of Australia dismissed a challenge to the constitutional validity of the International Arbitration Act 1974…
In Coal & Oil Co LLC v GHCL Ltd [2015] SGHC 65, the Singapore High Court held that in the absence of express arbitral rules imposing a time limit for the release of an arbitral award, a 19 month delay in the issue of an award after parties’ final submissions was not a sufficient basis for setting aside the award. In holding that such a delay was not per se against public policy, The Singapore…
International arbitration rules are compared in this Chart of Arbitral Institutions. Arbitration rules that are analysed include ICC Rules…
In R1 International Pte Ltd v. Lonstroff AG [2014] SGHC 69, the High Court considered whether the courts…
In FirstLink Investments Corp Ltd v GT Payment Pte Ltd [2014] SGHCR 12, the Singapore High Court held that an international arbitration agreement expressed to be governed by an arbitral institution’s rules instead of a national law may be enforceable. The court also held that, in absence of any contrary indications, the parties’ choice of arbitral seat would be taken as the parties’ implied choice of proper law governing the arbitration agreement. Facts FirstLink Investments…