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In Asia-Pacific

Baker McKenzie International Arbitration Yearbook 2022-2023 – Singapore

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A. LEGISLATION AND RULES A.1 No legislative amendments to the IAA or 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 the Singapore International Arbitration Center (SIAC), which was ranked 2nd among the world’s…

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In Arbitration Procedure

Singapore: Court of Appeal sets aside arbitral award for breach of natural justice

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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…

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In Arbitration Agreements

The limits of consent in multi-party arbitration agreements

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Certain arbitration rules, such as Article 22.1(vii) of the London Court of International Arbitration Rules (“LCIA Rules 2014”), provide for a “forced joinder.” This empowers an arbitral tribunal to order a consenting third party to be joined to extant arbitration proceedings, provided that an existing party also consents to the joinder, even if the other parties to the arbitration proceedings object. However, what constitutes the requisite “consent” and how may such “consent” be established? In…

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In Asia-Pacific

New Defence raised during Closing Submissions – Arbitral Award set aside for Breach of Natural Justice

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In brief The principles of natural justice in the context of international arbitration are well established. Every party has the fundamental right to be heard – i.e. the right to present its case, and the right to respond to the case against it. Consequently, a party deprived of such a right will succeed in an application to set aside an arbitral award if the breach of this fundamental right was connected to the making of…

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