NO TWO BITES AT THE CHERRY: SINGAPORE COURT REFUSES RE-LITIGATING JURISDICTION ISSUES UPON ENFORCEMENT APPLYING DOCTRINE OF TRANSNATIONAL ISSUE ESTOPPEL

A rare five-judge bench of the Court of Appeal in The Republic of India v Deutsche Telekom AG [2023] SGCA(I) 10 has confirmed that transnational issue estoppel applies in international commercial arbitration, preventing the parties to a prior decision of the seat court on jurisdiction from re-litigating points previously raised and determined. The Republic of … 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

SURINAME BECOMES PARTY TO THE NEW YORK CONVENTION

Suriname has become the 171st State party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the Convention). On 10 November 2022, Suriname deposited its instrument of accession to the Convention with the UN Secretary General. The Convention will enter into force for Suriname on 8 February 2023. Read more

SIERRA LEONE PARLIAMENT APPROVES NEW ARBITRATION LEGISLATION

Further to its accession to the New York Convention in 2020 (discussed in our blog post here), Sierra Leone’s House of Parliament has approved a new arbitration law. The Arbitration Act 2022 bill was introduced to the House by the Deputy Minister of Justice, Hon. Umaru Napoleon Koroma on 2 August 2022. The legislation now awaits … Read more

TURKMENISTAN BECOMES PARTY TO NEW YORK CONVENTION

Turkmenistan has become the 170th state party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the Convention), having acceded on 4 May 2022. The Convention will come into force for Turkmenistan on 2 August 2022. Turkmenistan has made a number of reservations and declarations, meaning that it will only … Read more

Federal Court of Australia continues to reinforce Australia’s pro-enforcement approach to foreign arbitral awards

A recent case of the Federal Court of Australia affirms the Australian courts’ pro-enforcement approach to foreign arbitral awards under the regime of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). In Neptune Wellness Solutions, Inc v Azpa Pharmaceuticals Pty Ltd [2021] FCA 676, the Federal Court applied … Read more