It is trite that an arbitral tribunal has no jurisdiction to decide any issue that has not been submitted to arbitration, and that the parts of an arbitral award that relate to such issues may be set aside by the court. In CJA v CIZ [2022] SGCA 41 (“CJA v CIZ”), the Singapore Court of Appeal (“SGCA”) held that a tribunal that made findings beyond the precise terms of the pleadings and submissions advanced by…
No training programme for first year arbitration associates is complete without an exploration of the advantages of arbitration…
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 to be governed by the International Arbitration Act (IAA), the Arbitration Act (AA) and the Arbitration (International Investment Disputes) Act, to which there have been no legislative amendments in the past year. A.2 Institutions, rules and infrastructure The main arbitral institution in Singapore is SIAC, which is ranked second among the world’s top five arbitral institutions and…
Background On 9 March 2021, the latest Singapore-Indonesia Bilateral Investment Treaty (the “BIT”) entered into force and updates…
Certain arbitration rules, such as Article 22.1(vii) of the London Court of International Arbitration Rules (“LCIA Rules 2014”),…
We are happy to present to you Arbitration in Asia, an arbitration handbook for Russian in-house counsels, co-authored by Jay Patrick R. Santiago, a senior associate in Quisumbing Torres, a member firm of Baker & McKenzie. The publication, a collaboration with KIAP, Attorneys at Law, is written in the Russian language and discusses cultural specifics of arbitration in several Asian jurisdictions, including Cambodia, China, Hong Kong, India, Korea, Singapore, Thailand, Vietnam and the Philippines. It…
In Singapore court proceedings, the usual course is to award a successful litigant party-and-party costs on a standard…
In brief The principles of natural justice in the context of international arbitration are well established. Every party…
The ongoing COVID-19 pandemic has largely influenced and brought about significant changes to the way we solve disputes. We have already seen judicial systems twist and turn to adapt to the new “norm,” so what will this mean for the future of disputes? We are pleased to introduce Baker McKenzie’s Dispute Resolution annual video update series. Across six video updates, our speakers recap the highlights and developments in 2020. A full topic list as well as…