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…
In a recent judgment from the Singapore International Commercial Court (“SICC”),[1] the International Judge refused an application to…
In recent years, there has been a marked increase in the prevalence of challenges to arbitral awards based…
In brief In BWG v. BWF,[1] the Court of Appeal considered whether a party involved in multiple proceedings under a chain of contracts is permitted to raise potentially inconsistent arguments to pursue a claim against a downstream purchaser on the one hand and to defend a claim against an upstream seller on the other hand. The Court of Appeal held that where a party takes inconsistent positions in the same or related proceedings, this may…
The Singapore Court of Appeal has clarified the standard of review that applies to winding-up applications where the…
The Singapore Court of Appeal recently reversed the ruling of the Singapore High Court in BNA v BNB and…
The Singapore Court of Appeal (“SGCA”) recently ruled in ST Group Co Ltd andothers v Sanum Investments Limited and another appeal [2019] SGCA 65 thatonce an arbitration is incorrectly seated (i.e. in a seat not chosen by the parties),in the absence of a waiver by the parties, any subsequent award would not berecognised and enforced by the court. This judgment shows that the Singapore courts will unequivocally uphold theprinciples of party autonomy and free choice…
SINGAPORE Nandakumar Ponniya, Daniel Ho and Daljit Kaur A. LEGISLATION AND RULES A.1 Legislation International arbitration continues to…
In BXS v BXT [2019] SGHC(I) 10, the Singapore International Commercial Court (“SICC”) heard its first application to…
In its recent decision in BNA v BNB and another [2019] SGHC 142, the Singapore High Court had to determine the law governing an arbitration clause in order to decide whether or not the tribunal in the arbitration lacked jurisdiction because the arbitration clause was invalid. The decision is a strong reminder for parties to give careful attention to the drafting of their arbitration clauses and to state their intentions clearly. Background The parties’ dispute…