The Malaysian Federal Court has resolved the recent debate about whether courts should recognise and enforce whole arbitral awards under Malaysian law. The Court clarified that only the dispositive sections of arbitral awards will be enforced by Malaysian courts under Section 38 of the Malaysian Arbitration Act 2005 (AA). Parties seeking to enforce arbitral awards … Read more

Join us in Singapore to celebrate 60 years of the NY Convention

Enforcement of arbitration awards in SE Asia This year marks the 60th anniversary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, commonly referred to as the “New York Convention”.  As one of the most successful international treaties of the 20th century, and a primary tool in the promotion of arbitration … Read more

Enforcement of arbitral awards against Thailand: “From Walter Bau to Hopewell: pathways to Bangkok Don Muang Airport”

Herbert Smith Freehills Senior Associate Vanina Sucharitkul has published an article entitled “From Walter Bau to Hopewell: pathways to Bangkok Don Muang Airport” in the Singapore Academy of Law.  The article considers the expectations of foreign investors arbitrating against the Thai government in the light of Thailand’s refusal to comply with arbitral awards rendered against … Read more

Procedural fairness as a ground for setting aside awards: what’s fair is fair

In its recent decision in Triulzi Cesare SRL v Xinyi Group (Glass) Co Ltd [2014] SGHC 220, the Singapore High Court considered the grounds on which an arbitral award may be set aside for procedural unfairness and, in doing so, reaffirmed that the Singapore courts will be reluctant to interfere with a Tribunal’s case management … Read more

Singapore Court of Appeal rules that arbitral award should not be reopened despite alleged conflict with public policy

The Singapore Court of Appeal has overturned a High Court judgment setting aside an arbitral tribunal’s decision on public policy grounds. The tribunal had found that a settlement agreement entered into between the parties was legal and enforceable. The High Court set aside the arbitral tribunal’s decision on the basis that the settlement agreement was … Read more