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…
A. LEGISLATION AND RULES A.1Â Â Â Â Â Â Â Â No Legislative Amendments to the IAA and AA in Singapore International arbitration continues…
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”), 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…
We are happy to present to you Arbitration in Asia, an arbitration handbook for Russian in-house counsels. The…
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 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…
The ongoing COVID-19 pandemic has largely influenced and brought about significant changes to the way we solve disputes. We…
SINGAPORE Nandakumar Ponniya and Daniel Ho. A. LEGISLATION AND RULES A.1Â Â Â Â Â Â Legislation International arbitration continues to be governed…
On 6 October 2020, the International Arbitration (Amendment) Act (the “Act”) was passed by the Singapore Parliament. The International Arbitration Act (the “IAA”) was last amended in 2012. The arbitration landscape has significantly changed since then. In particular, Singapore has experienced a growing number of multi-party arbitrations, which may be delayed or stalled if the parties are unable to agree on a mechanism to appoint the tribunal, since the IAA did not provide for any…