The Court of Appeal in CAJ v. CAI [2021] SGCA 102 has upheld an earlier High Court decision to set aside part of an arbitral award, in circumstances where the party was deprived of its fundamental right to be heard – i.e., the right to present its case, and the right to respond to the case against it. While cases of arbitral awards being set aside are uncommon, this case shows that the Singapore courts…
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…
A. LEGISLATION AND RULES A.1 Legislation The Indian Arbitration and Conciliation Act, 1996 (“Act”) is the primary legislation governing arbitration in India. The Act has undergone a series of amendments focused on improving the ecosystem for commercial arbitration in India and developing an institutional arbitration program that can benefit both domestic and international market participants. On 4 November 2020, the President of India promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2020 (“Ordinance”). Subsequently, on 11 March 2021,…
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 International arbitration in Thailand continues to be governed by the Arbitration Act…
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 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…
A. LEGISLATION AND RULES A.1 Legislation Arbitration procedures in Vietnam continue to be mainly governed 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 providing further guidance on the implementation of certain provisions of the LCA. The LCA is generally based on the 2006 UNCITRAL Model Law. There are, however, some provisions that differ from the Model Law. These…