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?…
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…
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…
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. The…
In Singapore court proceedings, the usual course is to award a successful litigant party-and-party costs on a standard basis. Exceptional circumstances are required to justify a departure from the usual course. In BTN v BTP [2021] SGHC 38, the Singapore High Court confirmed that an unsuccessful application to set aside an arbitral award or to resist enforcement of the same is not, in and of itself, an exceptional circumstance in which indemnity costs may be…
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…
SINGAPORE Nandakumar Ponniya and Daniel Ho. A. LEGISLATION AND RULES A.1 Legislation International arbitration continues to be governed by the International Arbitration Act (IAA), the Arbitration Act (AA) and the Arbitration (International Investment Disputes) Act. On 5 October 2020, the International Arbitration (Amendment) Act (“Amendment Act“) was passed by the Singapore Parliament and introduced two key amendments to the IAA, including a default procedure to appoint arbitrators in multiparty disputes and statutory recognition of court…