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In Singapore

Singapore International Commercial Court to have jurisdiction over litigation related to international commercial arbitration

by and 5 Mins Read

On 9 January 2018, the Singapore Parliament passed amendments relating to the Singapore International Commercial Court (“SICC”). The Supreme Court of Judicature (Amendment) Bill (No. 47/2017) (“Bill”) principally aims to: (1) clarify the extent of the SICC’s jurisdiction; and (2) streamline the SICC’s procedure. The SICC was established in 2015 as a division of the High Court to decide international commercial disputes (including those governed by foreign law with only tenuous connections to Singapore). In…

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In Applicable Law

EU Court thwarts prompt ratification of EU-Singapore Free Trade Agreement

by 8 Mins Read

In a legal Opinion handed down on 16 May 2017, the Court of Justice of the European Union (“CJEU”) declared that the free trade agreement signed between the EU and Singapore in June 2015 cannot be ratified without the approval of all 38 of the EU’s national and regional parliaments. Given the broad subject-matter of the agreement, including potentially controversial provisions regarding investor-State dispute settlement, might this decision spell the end of the EU’s fledgling…

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In Asia-Pacific

Court of Appeal provides clarification on “good faith” principle in the context of enforcement of arbitral awards

by 7 Mins Read

Hong Kong courts have a discretion to enforce foreign awards under the New York Convention (“NYC”) even though a ground for resisting enforcement has been established. The courts may exercise the discretion where a party has breached the “good faith” principle which is deemed to be enshrined in the NYC. Estoppel is regarded as a fundamental principle of good faith. The principle may, for example, be invoked against a party resisting enforcement where it has…

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In Arbitration Procedure

Multi-Party and Multi-Contract Arbitration Under the SIAC Rules 2016

by 7 Mins Read

Impact of the SIAC Rules 2016 on Joinder and Consolidation The latest edition of the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules 2016”) introduced ground-breaking innovations and enhancements to provide its users with greater time and cost efficiencies. This update focuses on two significant changes introduced in the SIAC Rules 2016 – enhancements to applications for joinder and new provisions for consolidation, for the efficient resolution of multi-party and multi-contract arbitrations that…

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