South East Asia

No U-Turns Ahead: Singapore Court of Appeal holds that commencement of court proceedings may lose you the right to later rely on arbitration agreements

In the recent landmark decision of Marty Ltd v Hualon Corp (Malaysia) Sdn Bhd [2018] SGCA 63, the Singapore Court of Appeal held that the commencement of court proceedings notwithstanding the existence of a binding arbitration agreement and without any … Continue reading

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Filed under Arbitration clauses, Arbitration proceedings, Arbitration rules, Asia, Court intervention, Jurisdiction, Singapore, South East Asia

Evolving Asia, New Frontiers in Dispute Resolution: CIArb (Malaysia Branch) International Arbitration Conference 2018 Keynote Address

At the Chartered Institute of Arbitrators (Malaysia Branch) International Arbitration Conference 2018, Peter Godwin, the Managing Partner of Herbert Smith Freehills’ Kuala Lumpur office gave a keynote address. The topic of the address was “Evolving Asia, New Frontiers in Dispute … Continue reading

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Filed under ADR, Arbitration proceedings, Asia, East Asia, Global Pound Conference, Hong Kong & China, Singapore, South East Asia

Inside Arbitration: Issue #6 of the publication from Herbert Smith Freehills’ Global Arbitration Practice

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 insight about the markets and industries in which our clients operate, … Continue reading

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Filed under Africa, Arbitration rules, Asia, Construction, Europe, Investment Arbitration, New York Convention, News, Publications and Guides, South East Asia, The Americas

Dispute Resolution in Asia-Pacific: Parties seek efficient processes and enforceable outcomes

Following our report on the Global Pound Conference series, which brought together over 4000 stakeholders at 28 conferences worldwide, our analysis of the Asia Pacific results reveals different demands in Asia and Oceania. Six Asia Pacific cities hosted conferences to … Continue reading

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Filed under Asia, East Asia, Events, Global Pound Conference, Hong Kong & China, India, Publications and Guides, Singapore, South East Asia

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 … Continue reading

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Filed under Asia, Awards, Enforcement, New York Convention, News, Public International Law, Singapore, South East Asia

New Zealand signs side letters with five CPTPP members to exclude compulsory investor state dispute settlement

New Zealand has recently signed “side letters” to exclude compulsory Investor State Dispute Settlement (“ISDS“) with five members of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP“) – Brunei Darussalam, Malaysia, Peru, Viet Nam and Australia. This demonstrates the … Continue reading

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Filed under Arbitration proceedings, Asia, Australia, CPTPP, Investment Arbitration, ISDS, South East Asia, TPP, Trade Agreements

Inside Arbitration: Issue #5 of the publication from Herbert Smith Freehills’ Global Arbitration Practice

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, … Continue reading

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Filed under Arbitration laws, Arbitration proceedings, Asia, DIFC, Europe, Hong Kong & China, Interim relief, Investment Arbitration, ISDS, Middle East, Procedures in arbitration, Public International Law, Publications and Guides, South East Asia

A Tale of Two BANIs: an update – Renewed BANI prevails against the original BANI in appeal against the decision of the Jakarta State Administrative Court

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 … Continue reading

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Filed under Asia, Institutions, South East Asia

Amendments to the Singapore International Commercial Court Regime to strengthen Singapore as an international arbitration seat of choice

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 … Continue reading

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Filed under Arbitration laws, Asia, Jurisdiction, News, South East Asia

SIAC issues proposal for consolidation of arbitral proceedings between institutions

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. … Continue reading

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Filed under Arbitration clauses, Arbitration rules, Asia, Institutions, Procedures in arbitration, South East Asia