We are delighted to share with you the latest issue of the publication from the Herbert Smith Freehills Global Arbitration Practice, Inside Arbitration. In addition to sharing knowledge and insights about the markets and industries in which our clients operate,… Read more

In August last year, we reported that a new Indonesian arbitral institution had been established in mid-2016 under the name of Renewed BANI or BANI Pembaharuan ("BANI-P"), notwithstanding the continued existence of the separate institution already known as BANI.  We… Read more

On 9 January 2018, amendments were passed to the Supreme Court of Judicature (Amendment) Act ("SCJA ") which clarify that the Singapore International Commercial Court ("SICC") has jurisdiction to hear proceedings relating to international commercial arbitration.  The amendments also abolish… Read more

On 19 December 2017, the Singapore International Arbitration Centre (SIAC) released a proposal on cross-institution cooperation and consolidation of arbitral proceedings conducted under different arbitral rules (the SIAC Proposal). SIAC has invited comments on its Proposal by 31 January 2018.… Read more

On 1 June 2017, the Kuala Lumpur Regional Centre for Arbitration (the "KLRCA") published its updated arbitration rules (the "KLRCA Rules 2017"). The KLRCA has seen a steep increase in cases over recent years reflecting Malaysia's growing importance as a… Read more

On 16 May, 2017 the European Court of Justice (the Court) rendered its Opinion on the competence of the European Union to conclude the Free Trade Agreement (FTA) with Singapore. The Opinion recognises exclusive EU competence over most of the… Read more

In the recent decision of Wilson Taylor Asia Pacific Pte Ltd v Dyna-Jet Pte Ltd [2017] SGCA 32, the Singapore Court of Appeal confirmed that the Singapore courts will enforce a dispute resolution clause which gives only one party the… Read more

In K.V.C Rice Intertrade Co Ltd v Asian Mineral Resources Pte Ltd and another Suit [2017] SGHC 32 ("KVC Action") the Singapore High Court discussed the extent to which the Singapore courts and the Singapore International Arbitration Centre, in its… Read more

On 10 January 2017 the Singapore Parliament passed amendments to the Civil Law Act legalising third-party funding in arbitration and related proceedings in Singapore (the "Amendments"). Following a year of positive developments for arbitration in Singapore, this latest development will… Read more

The Singapore International Arbitration Centre (SIAC) has announced the release of its Investment Arbitration Rules (the Rules), which came into force on 1 January 2017.  This release follows the earlier public consultation in February 2016, when practitioners were invited by… Read more

In the recent case of BCY v BCZ [2016] SGHC 249, the Singapore High Court considered whether there was a valid and binding arbitration agreement in the context of a negotiated but unsigned contract. The Court comprehensively summarised Singapore's position… Read more

In the recent decision in Dyna-Jet Pte Ltd v Wilson Taylor Asia Pacific Pte Ltd [2016] SGHC 23, the Singapore High Court confirmed the validity of "one-way" or unilateral clauses which bind one party to one dispute resolution method or… Read more

In JVL Agro Industries Ltd v Agritrade International Pte Ltd, the Singapore High Court set aside an arbitral award on the grounds that the tribunal, in deciding the case on the basis of an issue which the defendant had not… Read more

As discussed in our earlier blog post, on 1 July 2016, the Singapore International Arbitration Centre ("SIAC") released the sixth edition of its Arbitration Rules (the "2016 Rules"). The 2016 Rules supersede the 2013 version of the SIAC's rules (the… Read more

This week has seen two major developments in Singapore arbitration. First, Singapore's Ministry of Law has published draft legislation to legalise and regulate third party funding for arbitration (and arbitration-related litigation and mediation) in Singapore. Second, the Singapore International Arbitration… Read more

On 4 April 2016, Singapore tabled the Choice of Court Agreements Bill (the Bill) paving the way for ratification of the Hague Convention on Choice of Court Agreements (the Convention). In our previous article, we discussed Singapore's signing of the… Read more

Herbert Smith Freehills is proud to be a global platinum sponsor of the Global Pound Conference (GPC) Series 2016-17.  This ambitious worldwide conference series will engage all key stakeholders in a conversation about dispute resolution and how it should be used in… Read more

On 10 January 2016, the Singapore Academy of Law (SAL) published the results of its study on preferences for the choice of governing law and jurisdiction made by those involved in cross-border transactions "in Singapore and the region" (the Study). … Read more

We understand that on 5 January 2016, the Arbitration Law (Union Law No. 5/2016) was adopted by the Myanmar Union Parliament.  The legislation builds upon the country's recent accession to the New York Convention [see our earlier blog post here]… Read more

Join us for a panel discussion on the dispute resolution system in the Trans-Pacific Partnership (TPP), presented by experts in international arbitration, as well as members of TPP government negotiating teams from Peru and Mexico. They will discuss the controversies arising… Read more

As previously reported (see our previous blog posts here), the Singapore International Arbitration Centre (SIAC) is undertaking a review of its rules.  SIAC Court of Arbitration President, Gary Born, has recently provided further details of the review, including some potentially… Read more

A recent Thai Cabinet resolution relaxes the restriction on arbitration clauses in some public contracts.  The resolution is seen as a positive move for arbitration and investment in Thailand, but more remains to be done. The New Cabinet Resolution On… Read more

In Tomolugen Holdings Ltd and another v Silica Investors Ltd and other appeals [2015] SGCA 57, a distinguished panel of the Singapore Court of Appeal considered an application to stay court proceedings in favour of arbitration under section 6 of the… Read more

Herbert Smith Freehills is pleased to announce the launch of The Global Pound Conference (GPC) Series 2016-17. The aim of this ambitious worldwide conference series is to build a global conversation about the current landscape of civil and commercial dispute resolution and how… Read more

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… Read more

In its recent decision in Malini Ventura v Knight Capital Pte Ltd & others [2015] SGHC 225, the Singapore High Court has dismissed an application made under s. 6(2) of the International Arbitration Act ("IAA") for an injunction to stay… Read more

The Singapore International Arbitration Centre (SIAC) has this week announced that it is formally commencing the process of reviewing the SIAC Arbitration Rules (the Rules) with a view to issuing an updated version in mid-2016. This update to the Rules… Read more

In the case of PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation (Indonesia), the Singapore Court of Appeal (the Court) considered the issue of enforceability of interim awards. The background to the case is more fully explained in… Read more

Since the Dutch government’s announcement last year that Indonesia had terminated the 1995 Bilateral Investment Treaty (BIT) between those countries, speculation has been rife regarding the status of Indonesia’s remaining BITs, signed with more than 60 countries. On 12 May… Read more

Herbert Smith Freehills is pleased to announce that Bangkok Partner Gavin Margetson has been appointed Chair of the ICC Thailand Commission on Arbitration. As Chair, Gavin will work closely with the rest of the committee, which also includes Victor Smith,… Read more