New SCC Rules 2023- what has changed?

On 1 January 2023 the revised version of the Arbitration Institute of the Stockholm Chamber of Commerce (now called the SCC Arbitration Institute) Arbitration Rules entered into force on 1 January 2023 (the Revised Rules). The Revised Rules apply to arbitrations commenced on or after that date. The changes to the Revised Rules mainly provide … Read more

TIMOR-LESTE BECOMES THE 172ND STATE TO THE NEW YORK CONVENTION 1958

On 17 January 2023, the Democratic Republic of Timor-Leste (Timor-Leste) became the 172nd state to accede the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention). This accession follows Timor-Leste’s approval of a new legal regime of Voluntary Arbitration, as approved by its National Parliament on 31 March 2021. Read more

English court holds arbitral order, subject to conditions, an award

In YDU v SAB and BYH [2022] EWHC 3304 (Comm), the English High Court has deemed an arbitral tribunal’s order for specific performance, which was subject to conditions, an award for the purposes of the English Arbitration Act 1996 (the Act). In so doing, it has respected the Tribunal’s own classification of the decision, yet … Read more

A ROUND UP OF COMMERCIAL ARBITRATION IN 2022: KEY DEVELOPMENTS YOU SHOULD KNOW

Third Party Funding: recoverability and regulation In Tenke Fungurume Mining S.A. v Katanga Contracting Services S.A.S, [2021] EWHC 3301 (Comm), the Commercial Court considered a challenge to an arbitral award under s68 of the Arbitration Act on the grounds that the tribunal’s award of the successful party’s costs of third party funding constituted a serious … Read more

PRIVATE EQUITY FIRM PREVAILS OVER INDIAN PROMOTOR’S GUERRILLA TACTICS, MAKING NEW LAW ON THE ARBITRABILITY OF DISPUTES IN SINGAPORE

In an ugly corporate divorce related to an online matrimonial website, the Singapore Court of Appeal decided that the arbitrability of a dispute will be determined at the pre-award stage by reference first to the law governing the arbitration agreement (Anupam Mittal v Westbridge Ventures II Investment Holdings [2022] SGCA, available here). Read more