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In a rare split amongst the judges of the Court of Appeal, the majority in PT Persuhaan Gas Negara (Persero) TBK v CRW Joint Operation [2015] SGCA 30 (“PGN v CRW”) held that where there was an agreement to arbitrate construction disputes under the FIDIC Red Book, the binding but non-final decision of a Dispute Adjudication Board for the interim payment of a sum of money could be enforced in a separate arbitration, prior to…

Foreign investors into Indonesia have taken note of the following brief paragraphs posted on the website of the Embassy of the Netherlands (see http://indonesia.nlembassy.org/news/2014/03/bilateral-investment-treaty%5B2%5D.html with our additional underline, below): “Indonesia has informed the Netherlands that it has decided to terminate the Bilateral Investment Treaty (official title: Agreement between the Government of the Republic Indonesia and the Government of the Kingdom of the Netherlands on Promotion and Protection of Investment) per July 1, 2015. From that…

Recent developments in the ASEAN region point towards renewed efforts towards greater harmonization between different regimes in ASEAN. ASEAN (the Association of Southeast Asian Nations) had previously announced its goal of regional economic integration by 2015 and in the past two years, several consistent initiatives have been publicly announced, including the establishment of the Singapore International Commercial Court (SICC) and Singapore International Mediation Centre offering a platform for the resolution of cross-jurisdictional disputes. Against this backdrop, consideration of…