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Recent

Practical tips on arbitrating intellectual property disputes

While traditionally resolved through litigation, parties are now increasingly referring their disputes concerning an intellectual property right (IPR) to arbitration, especially in cases where there is a cross border element.

This article seeks to provide an overview of the advantages and disadvantages of arbitrating intellectual property (IP) disputes, address two main concerns when arbitrating IP disputes, and provide practical tips on drafting arbitration agreements involving IPRs.

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Singapore, Indonesia ink pact to offer protection, global arbitration access to investors

SINGAPORE and Indonesia on Thursday signed an agreement to promote and protect investments, with the treaty promising Singapore companies operating in Indonesia protection and access to international arbitration in the event of investment disputes. Indonesian companies operating in the Republic will similarly enjoy investment protection. The agreement, known as the Bilateral Investment Treaty (BIT), was signed at the Singapore-Indonesia Leaders’ Retreat in Bali, Indonesia. Minister for Trade and Industry (MTI) Chan Chun Sing, who is attending the Leaders’ Retreat as part of the Singapore delegation, signed the agreement with Indonesian Minister for Foreign Affairs Retno Marsudi. The signing was witnessed by Prime Minister Lee Hsien Loong and Indonesia President Joko Widodo.

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Two MOUs inked in China to boost S’pore arbitration profile

SIAC ties up with Peking Uni, Chinese body to promote training and increase collaboration. Singapore’s reputation as a global arbitration hub has received a further boost, with the signing of two memoranda of underststanding (MOU) in Beijing by the Singapore International Arbitration Centre (SIAC). One is with China’s largest arbitration centre and the other, with Peking University (PKU) Law School. The MOU with the university, signed yesterday, will see them collaborate and include a module on “SIAC and Institutional Arbitration” in the law school’s programme. It also commits them to letting the school’s students intern at SIAC and to promote joint training workshops, among others.

[Read more..].

SIAC Signs Memorandum of Understanding with the China International Economic and Trade Arbitration Commission

The Singapore International Arbitration Centre (SIAC) is pleased to announce that it has entered into a Memorandum of Understanding (MOU) with the China International Economic and Trade Arbitration Commission (CIETAC) to promote international arbitration as a preferred method of dispute resolution for resolving international disputes.

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From Litigation to Arbitration and Beyond: the Evolution of Third Party Dispute Finance

Dispute finance, in its modern form, originated in Australia in the mid-1990s following the enactment of legislation permitting insolvency practitioners to enter into contracts to finance litigation characterized as company property. The rise of litigation funding in Australia was also spurred on by the introduction of class action lawsuits in 1992 as a means of enabling the courts to deal with group claims in an efficient way.

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New UN mediation treaty to be named after Singapore

A new United Nations (UN) treaty on mediation is to be named after Singapore, a move that legal experts say will boost the country’s status as an international hub for resolving business disputes. Called the Singapore Convention on Mediation, the prospective treaty will improve cross-border trade by making it easier to enforce mediated settlements. This is the first UN treaty to be named after Singapore, which had secured a bid to host its signing ceremony here next year.

[Read more..].

SIAC Signs Memorandum of Understanding with the Shenzhen Court of International Arbitration

The Singapore International Arbitration Centre (SIAC) is pleased to announce that it has entered into a Memorandum of Understanding (MOU) with the Shenzhen Court of International Arbitration (SCIA) to promote international arbitration as a preferred method of dispute resolution for resolving international disputes.

[Read more..].

Applying for summary procedures in international arbitration: striking the balance

The scope of arbitrators’ powers to order summary procedures is open to debate. Any application for summary measures requires careful consideration of the possible benefits to be gained from a successful application on the one hand, and the uncertainty associated with doing so on the other.

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LCIA Updates Guidelines on Tribunal Secretaries

Following debate within the arbitration community regarding the proper scope of the role of a tribunal secretary and a series of challenges to arbitral awards based on the alleged improper exercise of that role, the London Court of International Arbitration (“LCIA“) recently updated its Notes for Arbitrators, with a particular focus on implementing new guidelines on the use of tribunal secretaries (cf. short note on ICC’s and LCIA’s Revised Practice Notes).

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English court considers when it is appropriate to grant injunctive relief in aid of a foreign seated arbitration

In Company 1 v. Company 2 and another[1], the English court confirmed its jurisdiction to make orders, including granting interim injunctions, in support of foreign seated arbitrations. While the natural court for granting interim injunctive relief in support of arbitration is the court of the country of the seat of the arbitration, the English court will grant interim relief in support of foreign seated arbitrations where it is appropriate to do. However, the court declined to exercise these powers in this case in circumstances where the parties were already involved in litigation in courts before the British Virgin Islands (“BVI“) arising out of substantially the same issues as the dispute that was before a Swiss arbitration and where the link to the English jurisdiction was tenuous.

[Read more..].

2018
2017
Superior Court of Justice analyses the scope of arbitration in oil and gas concessions
Call for Cybersecurity Guidelines in International Arbitration
Arbitration Speedread: LCIA updates its guidelines on the role of the Tribunal Secretary
Arbitration Exposed? Recent Cases Remind us that Parties Cannot Assume Arbitration Awards will Remain Confidential
English Court rejects claim that notice of arbitration given in a foreign language is not proper notice
Ineligible Arbitrator Also Ineligible to Nominate Arbitrator: Indian Supreme Court – Does the Judgment Open Pandora’s Box?
Keep Calm and Arbitrate? The Impact of Political Events on International Arbitration
Public Comment Period Now Open on Draft Report of the ICCA-Queen Mary Task Force on Third-Party Funding
Shanghai Court Refuses Enforcement of SIAC Award Made under 2013 SIAC Expedited Procedure
A Stepping Stone Without Overstepping The Mark – English Commercial Court Outlines What Constitutes Inappropriate Delegation Within Arbitration Tribunals
Greater harmony required if arbitration is to break through in Africa
Diamond in the Rough: Singapore High Court sets aside Lesotho investor-State Award
Recent Developments of Commercial Arbitration in China — Interpretation of Opinions of the Supreme People’s Court on Providing Judicial Protection for the Construction of Pilot Free Trade Zones
Three takeaways on how digital technologies are transforming arbitration
SIAC Opens its Second Representative Office in India in GIFT
Apology Legislation Passed In Hong Kong – What Does It Mean For You
UAE to introduce new arbitration law before the end of 2017: Lawyer
Be wise people, not just smart lawyers: former Attorney-General V. K. Rajah tells NUS law graduates
2 S’poreans lauded as leaders in arbitration
Strong take-up drives expansion at Maxwell Chambers
HK passes bill allowing third-party arbitration funding
Arbitration on the rise in Asian trade
The International Arbitration Bill: South Africa as a preferred Arbitration Venue on the Horizon?
CIETAC launches first public-private partnership arbitration centre in China
Japan to open center for international business arbitration
Singapore Court of Appeal confirms the validity of “unilateral option to arbitrate” clauses
ICC launches new online research tool: ICC Digital Library
Lawyers must raise their game to stay ahead of the times: Shanmugam
Arbitration pioneer Alvin Yeo offers tip to young lawyers
SMU is Champion at the 10th Frankfurt Investment Arbitration Moot and the Ian Fletcher International Insolvency Law Moot
SIAC Announces All-Time Record Numbers for 2016
Supreme Court of India Upholds Validity of Appellate Arbitration Clauses
First Time PRC Court Recognizes a Foreign Judgment Based on Principle of Reciprocity
The 2017 ICAC International Arbitration Rules Released
Towards the Uncertainties of a Hard Brexit: An Opportunity for International Arbitration
PM Lee Thanks Outgoing Attorney-General V K Rajah For Outstanding Contributions
Two Bills Passed to Boost Singapore’s Position as Dispute Resolution Hub
Singapore’s Arbitration Hub Status to Receive Boost with Maxwell Chambers Expansion
Enforceability of One-Sided Optional Arbitration Clauses in Singapore
What Law Governs the Separability of an Arbitration Agreement?
SIAC Announces Official Release of the SIAC Investment Arbitration Rules
Singapore International Arbitration Centre appoints Davinder Singh as new chairman
2016
ICC Announces a New Expedited Procedure To Come Into Force March 2017
The New SCC 2017 Arbitration Rules Now Public
Legislative Changes to Enhance Singapore as an International Hub for Commercial Dispute Resolution
CIArb Presidential Elections Result
First International Arbitration Centre Comes Up in Mumbai
Indorsee of Promissory Notes Not Bound by Arbitration Agreement in Underlying Contract
Announcement of Office Bearers Following 2016 AGM: Francis Xavier SC Re-elected as Chairman of Singapore Branch
Court May Order Closed-Door Hearing in Proceedings Linked to Arbitration
Suitability of Ad Hoc Admissions: Singapore Court Admits English QC for Arbitration Appeal
SIAC Releases Costs and Duration Study
American Arbitration Association Launches AAA À La Carte Services Resource
ICC Begins Publishing Arbitrator Information in Drive for Improved Transparency
Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration Under the ICC Rules of Arbitration
CIArb Publishes New Arbitration Guidelines
Singapore High Court Orders Stay of Two Different but Related Court Proceedings Where One Claim Should Have Been Commenced by Way of Arbitration
SIAC Signs Memorandum of Agreement with GIFT
Singapore Arbitration Rules – All Change?
Arbitration Training to Boost Dispute Resolution in Asia Pacific
SIAC Announces Appointment of New Registrar and Promotion of Deputy Registrar
Arbitration Training to Boost Dispute Resolution in Asia Pacific
Yukos – The Saga Continues: Arbitral Awards Against Russian Federation Annulled by Court in The Hague
Venezuela Ordered to Pay Crystallex US$1.386 Billion in Arbitration Ruling
International Arbitration Guidelines: Safe Ports for Arbitral Storms
Singapore Court of Appeal: Prima Facie Standard for Stay in Favour of Arbitration and Arbitrability of Minority Oppression Claims
SIAC Signs Memorandum of Understanding with Oe-Cusse Administration
ASEAN Judges Training Held at Singapore Supreme Court
SIAC Announces Record Case Numbers for 2015
LCIA Adopts a Changed Approach to Indian Arbitration Market
Singapore Academy of Law: Study on Governing Law & Jurisdiction Choices in Cross-border Transaction
ICC Court Announces New Policies to Foster Transparency and Ensure Greater Efficiency
Amendments to India’s Arbitration Act: An Analysis
New Year, New Practice Note: HKIAC Issues Practice Note on Consolidation of Arbitrations
Public Consultation on Draft SIAC Arbitration Rules
Hong Kong Court Considers Its Power to Grant Injunctions in Support of Foreign Arbitrations; Says Hybrid Clause Enforceable
Sundra Rajoo Calls for Caribbean Uptake of Model Law
Philippines Official Confident in South China Sea Arbitration Case
SIAC Announces the Formation of the SIAC Users Council Regional and National Committees
2015
2014
2012