The Singapore Court of Appeal has refused confidentiality orders in relation to arbitration enforcement proceedings because the confidentiality of the underlying arbitration had already been lost. The court relied on the publication of the underlying award online and in foreign enforcement proceedings, and press coverage of the Singapore proceedings that had been “effectively confirmed” when … Read more

In the case of CDE v NOP [2021] EWCA Civ 1908, the English Court of Appeal was asked to determine whether, in court proceedings which overlapped with the subject matter of an LCIA arbitration, a case management conference should have been held in public or private, and whether an upcoming summary judgment application should also … Read more

In Manchester City Football Club Ltd v Football Association Premier League Ltd and others [2021] EWCA Civ 1110, the English Court of Appeal considered whether to order the publication of a High Court judgment that rejected challenges to an arbitral award under sections 67 and 68 of the English Arbitration Act. Weighing the factors militating … Read more

Australia has reinforced its commitment to improving the global investment environment with the ratification of the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, also known as the “Mauritius Convention”. Read more

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

Introduction A multi-organisational Working Group on Cybersecurity in International Arbitration has released the 2020 edition of its Cybersecurity Protocol for International Arbitration (the “Cybersecurity Protocol”). This edition reflects comments received by the ICCA-NYC Bar-CPR Working Group during a year-long consultation on the initial draft of the Cybersecurity Protocol (on which we commented here). The Cybersecurity … Read more

After the Arbitration and Conciliation Bill, 2019 (the “Bill“) was passed by both houses of the Indian Parliament, the President of India on 9 August 2019 gave his assent.  The new Arbitration and Conciliation (Amendment) Act, 2019 (the “2019 Act“) will amend the Indian Arbitration and Conciliation Act, 1996 (the “1996 Act“), implementing the recommendations … Read more

In Dato’ Seri Timor Shah Rafiq v Nautilus Tug & Towage Sdn Bhd [2019] MLJU 405, the High Court considered for the first time the new section 41A of Malaysia’s Arbitration Act 2005 (“Arbitration Act“), and its application to non-parties to an arbitration. Background In the context of a shareholders’ dispute, the plaintiff-director of the … Read more