CONDITIONAL FEE AGREEMENTS NOW PERMITTED IN SINGAPORE

Lawyers in Singapore are now able to enter into Conditional Fee Agreements (CFAs) in selected proceedings, including arbitration and certain Singapore International Commercial Court (SICC) proceedings. In January 2022, Singapore passed a bill to permit CFAs (see our post here). This bill came into effect on 4 May 2022, with the passing of the Legal … Read more

HERBERT SMITH FREEHILLS – SMU ASIAN ARBITRATION LECTURE: “WITNESSES AND WEBCAMS: THE PSYCHOLOGY OF WITNESS EVIDENCE IN A VIRTUAL WORLD

It is with great pleasure that we invite you to the annual Herbert Smith Freehills-SMU Asian Arbitration Lecture on Tuesday, 23 November 2021, 5.00pm (Singapore time). The Herbert Smith Freehills-SMU Asian Arbitration Lecture Series was established in 2010 and made possible by a term fund contribution by Herbert Smith Freehills. The objective of the Lecture Series … Read more

SINGAPORE TO ALLOW CONDITIONAL FEE ARRANGEMENTS

On 1 November 2021, a bill to permit Conditional Fee Arrangements (CFA) had its first reading in the Singapore Parliament. If the bill is passed, it will permit law firms and lawyers in Singapore to enter into CFAs with their clients in respect of certain types of disputes (whether relating to proceedings in Singapore or … Read more

Update: Singapore extends third-party funding framework to domestic arbitrations and SICC proceedings

From 28 June 2021, Singapore will permit third-party funding of domestic arbitration proceedings, proceedings in the Singapore International Commercial Court (SICC) and related mediation proceedings. Before this, Singapore permitted third-party funding for international arbitration proceedings and related court and mediation proceedings only (as reported in our blog post of January 2017). In making these changes, … Read more

LATEST EDITION OF ASIA PACIFIC DISPUTE RESOLUTION GUIDE NOW AVAILABLE

Disruption, downturn and recovery tend to generate more disputes – and in Asia Pacific cross-jurisdiction operations and investments increase that risk. Our 2021 Guide to Dispute Resolution in Asia Pacific is your roadmap to potential problems in these fast-changing times, especially for those new to the region’s complex legal landscape. From the basics of each … Read more

INTERNATIONAL ARBITRATION IN AUSTRALIA IN 2020 – STATE OF PLAY

International arbitration continues to play an increasingly important role in Australia. In this note we canvass some of the key developments in the international arbitration space in 2020, including: Recent judicial support for international arbitration and the enforcement of arbitral awards, reaffirming Australian courts’ pro-arbitration stance. Australia’s ratification of the Mauritius Convention, the recently announced … Read more

HERBERT SMITH FREEHILLS – SMU ASIAN ARBITRATION LECTURE

This year marks the tenth edition of the Herbert Smith Freehills – SMU Asian Arbitration Lecture Series. We are delighted that Ms Loretta Malintoppi from 39 Essex Chambers will deliver the lecture on Thursday 22 October, on the topic “Don’t Shoot the Sheriff: The Threat of Legal Claims Against Arbitrators and Arbitral Institutions”. The Herbert Smith Freehills-SMU Asian Arbitration … Read more

STUCK IN THE MIDDLE? SINGAPORE COURT WARNS PARTIES IN A CHAIN FROM TAKING INCONSISTENT POSITIONS IN EITHER DIRECTION, BUT BLOCKS WINDING-UP PROCEEDINGS IN FAVOUR OF ARBITRATION

In BWG v BWF [2020] SGCA (“BWG”) the Singapore Court of Appeal considered the application of the “prima facie dispute” ground which a Singapore debtor (the Respondent) raised to resist winding up proceedings when there was a valid arbitration agreement. The Court of Appeal considered this in circumstances where the Appellant alleged that the debtor’s … Read more

SINGAPORE COURT OF APPEAL CONFIRMS THAT THE PARTIES’ INTENTION TO ARBITRATE SHOULD NOT BE GIVEN EFFECT “AT ALL COSTS”

Introduction In BNA v BNB and Anor [2019] SGCA 84, the Singapore Court of Appeal (the “COA“) confirmed that the phrase “arbitration in Shanghai” meant that Shanghai was the seat of arbitration, reversing the position taken by the arbitral tribunal and the High Court. The COA made this finding notwithstanding the fact that the arbitration … Read more