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…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Australia continues to be governed by the International Arbitration…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Malaysia continues to be governed by the Arbitration Act…
A. LEGISLATION AND RULES A.1 Legislation Republic Act No. (RA) 9285, or the Alternative Dispute Resolution Act (“ADR Act”), continues to be the principal governing arbitration law in the Philippines. The ADR Act has not been amended since its enactment in 2004. However, there have been efforts from the Office for Alternative Dispute Resolution, an agency under the Department of Justice (DOJ), to propose amendments to the ADR Act since 2016. Among the proposed amendments…
A. LEGISLATION AND RULES A.1 Legislation A.1.1 Further amendments to the mutual enforcement arrangement between Hong Kong and…
In the recent case of W v AW,[1] W sought to set aside an award in the Hong…
Introduction It is this time of the year again: most major arbitration institutions have published[1] their statistical reports, giving us the opportunity to take a closer look at their numbers. As usual[2], we start off comparing the caseload of various arbitration institutions. We then examine other relevant data such as the total amount in dispute, the number of emergency or expedited procedure applications, arbitrator challenges, and figures on diversity to understand the direction arbitration is…
Before the COVID-19 pandemic, the fight against Climate Change was the number one topic on the news. What…
Background On 9 March 2021, the latest Singapore-Indonesia Bilateral Investment Treaty (the “BIT”) entered into force and updates…
Since 1 February 2000, enforcement of arbitral awards between the Mainland and Hong Kong has been governed by a separate Arrangement, which has successfully provided an effective mechanism of enforcing awards between these two jurisdictions. On 27 November 2020, a Supplemental Arrangement was signed, amending four aspects of the original Arrangement to bring it further in line with current practice in international arbitration. Some amendments became effective immediately, while others will become effective on 19…