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In Singapore

Staying Ahead of the Curve – A review of the recommended changes to the Singapore International Arbitration Act 1994

by and 8 Mins Read

Introduction In his recent keynote address at the Singapore International Arbitration Centre (“SIAC”) Symposium, Minister for Law and Second Minister for Home Affairs Mr Edwin Tong SC remarked that “for [arbitration] to remain relevant, it must therefore remain responsive to evolving commercial needs, while steadfastly upholding on its foundational values of fairness, transparency and neutrality. This means continually enhancing how disputes are resolved – making the process more efficient, reliable and enforceable”.[1] One important driver…

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In Singapore

Singapore Court of Appeal confirms that arbitrators held to different standard in providing reasoned decision

by and 5 Mins Read

In CVV and others v CWB [2023] SGCA(I) 9, the Singapore Court of Appeal (“SGCA”) upheld the Singapore International Commercial Court’s (“SICC”) refusal to set aside an arbitral award for, among others, a breach of the rules of natural justice. According to the SGCA, arbitrators are not held to the same standards as judges of a court when giving a reasoned decision. This is because the grounds on which one may challenge a judgment are…

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In Singapore

Singapore: Court’s enforcement of tribunal-ordered interim measures is not affected by forum non conveniens considerations

by and 5 Mins Read

The General Division of the High Court in CXG v CXI [2023] SGHC 244 held that a Singapore court who possesses the jurisdiction to hear an application to enforce a tribunal-ordered interim measure in a Singapore-seated international arbitration (“domestic interim measure”) should not be prevented from exercising that jurisdiction on grounds of forum non conveniens (“FNC”). Factual Background In CXG v CXI [2023] SGHC 244, the claimants had applied to the court (the “Leave Application”)…

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In Brazil

Myths Debunked: Preferences for Arbitration and Litigation

by 5 Mins Read

No training programme for first year arbitration associates is complete without an exploration of the advantages of arbitration versus litigation. Young lawyers learn the attractions of confidentiality and the enforcement benefits of the New York Convention. They hear the risks of finality and potential lack of predictability. Ultimately, we explain these to our clients, who make the decisions. Similarly, many surveys in our industry start with the same question: do you prefer arbitration or litigation?…

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