Tag Archives: Alastair Henderson

Singapore Court of Appeal confirms the validity of “unilateral option to arbitrate” clauses

In the recent decision of Wilson Taylor Asia Pacific Pte Ltd v Dyna-Jet Pte Ltd [2017] SGCA 32, the Singapore Court of Appeal confirmed that the Singapore courts will enforce a dispute resolution clause which gives only one party the … Continue reading

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

Should I stay or should I go? Singapore High Court declines to stay arbitration pending review of jurisdictional ruling

Overview In a recent ex tempore judgment in the case of Loblaw Companies Limited v Origin & Co Ltd & Another [2017] SGHC 59 ("Loblaw v Origin"), the Singapore High Court declined to exercise its discretion under s10(9) of the … Continue reading

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Filed under Asia, Court intervention, Jurisdiction, Stays

‘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

Sydney Arbitration Week: 21-25 November 2016

Sydney Arbitration Week has commenced with an extensive and interesting programme of arbitration conferences, seminars and presentations. One of the key events is the Fourth International Arbitration Conference which is organised by the Business Law Section of the Law Council of … Continue reading

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Filed under Australia, Events

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

Recent Developments in India-Related International Arbitration

Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin.  In this issue, we consider Indian court decisions, including the rejection of forum non conveniens arguments by the Delhi High Court allowing restaurant chain McDonalds to … Continue reading

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Filed under Asia, India, Institutions, Investment Arbitration

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