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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…

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”)…

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?…

Background On 9 March 2021, the latest Singapore-Indonesia Bilateral Investment Treaty (the “BIT”) entered into force and updates the countries’ investment protection framework vis-a-vis each other. This BIT was previously signed on 11 October 2018 with the goal of promoting stronger economic ties and cooperation between the countries, and replaces the previous Singapore-Indonesia Bilateral Investment Treaty which had entered into force on 21 June 2006 and expired on 20 June 2016 (the “Previous BIT”). Singapore…