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In Asia-Pacific

Singapore Expected to Allow Third Party Funding for International Arbitration in Early 2017

by 4 Mins Read

Recent Developments In mid-2016, the Singapore Ministry of Law conducted a public consultation on legislative amendments to introduce a legal framework for third party funding for international arbitration in Singapore. These legislative amendments were introduced in a first reading in Parliament on 7 November 2016. They are expected to be passed by Parliament shortly after the next available sitting, which is currently scheduled to take place on 9 January 2017. This update looks at the…

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In Asia-Pacific

Comparison of the ICC, UNCITRAL, SIAC, KLRCA, VIAC BANI, and other arbitration rules

by , and 1 Min Read

Get a quick comparison of commonly used arbitration rules in the ASEAN region in this Chart of Arbitral Institutions. We have refreshed our chart to include the new SIAC Rules 2016 (Singapore) and SHIAC 2016. Other arbitration rules that are analysed include the ICC Rules 2012, the KLRCA Rules (Malaysia), the VIAC rules 2012 (Vietnam), the BANI rules (Indonesia), the UNICITRAL Ad Hoc Rules 2013 and the PDRCI Rules 2015 (Philippines).

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In Arbitrability

Singapore Court of Appeal confirms that court proceedings must be stayed in favour of arbitration, even if the subject matter is only partially covered by an arbitration agreement

by , , and 7 Mins Read

The Court of Appeal of Singapore has confirmed that minority shareholder claims under s. 216 of the Singapore Companies Act (Cap 50, 2006) (the Companies Act) are arbitrable, and that there is generally a presumption that all claims (including those arising under statute) which fall within an arbitration clause are arbitrable (Tomolugen Holdings Ltd and another v Silica Investors Ltd and other appeals [2015] SGCA 57). The Court of Appeal also held that the standard…

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In Arbitration Procedure

Singapore High Court confirms that an arbitral tribunal has the power to rule on its own jurisdiction, including where a party claims it has not signed any arbitration agreement

by 6 Mins Read

Arbitral tribunals have the power under Singapore law to rule on their own jurisdiction, consistent with the widely recognised principle of Kompetenz-Kompetenz. In a recent decision, the Singapore High Court has confirmed that this power extends not only to questions concerning the validity or scope of any arbitration agreement under which the tribunal has been constituted, but also questions concerning the very existence of an arbitration agreement. This includes situations where a party to the…

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