South East Asia

‘Bare’ arbitration clauses and the extent to which the Singapore court may assist

In K.V.C Rice Intertrade Co Ltd v Asian Mineral Resources Pte Ltd and another Suit [2017] SGHC 32 ("KVC Action") the Singapore High Court discussed the extent to which the Singapore courts and the Singapore International Arbitration Centre, in its … Continue reading

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Filed under Arbitration clauses, Asia, South East Asia

UPDATE: Singapore passes law to legalise third-party funding of international arbitration and related proceedings

On 10 January 2017 the Singapore Parliament passed amendments to the Civil Law Act legalising third-party funding in arbitration and related proceedings in Singapore (the "Amendments"). Following a year of positive developments for arbitration in Singapore, this latest development will … Continue reading

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Filed under Arbitration laws, Asia, South East Asia, Third Party Funding

SIAC Investment Arbitration Rules

The Singapore International Arbitration Centre (SIAC) has announced the release of its Investment Arbitration Rules (the Rules), which came into force on 1 January 2017.  This release follows the earlier public consultation in February 2016, when practitioners were invited by … Continue reading

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Filed under Arbitration proceedings, Arbitration rules, Asia, Institutions, Investment Arbitration, ISDS, South East Asia, Third Party Funding

Applicable law of arbitration agreements: Singapore revisits the English case of Sulamérica

In the recent case of BCY v BCZ [2016] SGHC 249, the Singapore High Court considered whether there was a valid and binding arbitration agreement in the context of a negotiated but unsigned contract. The Court comprehensively summarised Singapore's position … Continue reading

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Filed under Arbitration laws, Asia, South East Asia

Singapore Court confirms validity of clauses providing for unilateral right to arbitration

In the recent decision in Dyna-Jet Pte Ltd v Wilson Taylor Asia Pacific Pte Ltd [2016] SGHC 23, the Singapore High Court confirmed the validity of "one-way" or unilateral clauses which bind one party to one dispute resolution method or … Continue reading

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Filed under Arbitration clauses, Arbitration laws, Asia, South East Asia

Staying above the fray: Singapore High Court sets aside arbitral award on basis of breach of natural justice

In JVL Agro Industries Ltd v Agritrade International Pte Ltd, the Singapore High Court set aside an arbitral award on the grounds that the tribunal, in deciding the case on the basis of an issue which the defendant had not … Continue reading

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Filed under Arbitration laws, Asia, Challenges to awards, South East Asia

Singapore International Arbitration Centre Arbitration Rules 2016: key changes and potential impact

As discussed in our earlier blog post, on 1 July 2016, the Singapore International Arbitration Centre ("SIAC") released the sixth edition of its Arbitration Rules (the "2016 Rules"). The 2016 Rules supersede the 2013 version of the SIAC's rules (the … Continue reading

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Filed under Arbitration rules, South East Asia

Singapore arbitration update: Third Party Funding and New SIAC Rules 2016

This week has seen two major developments in Singapore arbitration. First, Singapore's Ministry of Law has published draft legislation to legalise and regulate third party funding for arbitration (and arbitration-related litigation and mediation) in Singapore. Second, the Singapore International Arbitration … Continue reading

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Filed under Arbitration rules, Asia, Institutions, Procedures in arbitration, South East Asia, Summary procedures, Uncategorized

Singapore’s Choice of Court Agreements Bill: expanding the reach of Singaporean court judgments

On 4 April 2016, Singapore tabled the Choice of Court Agreements Bill (the Bill) paving the way for ratification of the Hague Convention on Choice of Court Agreements (the Convention). In our previous article, we discussed Singapore's signing of the … Continue reading

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Filed under Asia, Enforcement, EU, News, South East Asia

GPC Series on the future of dispute resolution: first event in Singapore on 17-18 March 2016

Herbert Smith Freehills is proud to be a global platinum sponsor of the Global Pound Conference (GPC) Series 2016-17.  This ambitious worldwide conference series will engage all key stakeholders in a conversation about dispute resolution and how it should be used in … Continue reading

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Filed under ADR, Events, Global Pound Conference, South East Asia