Here you will find the latest news about CIArb, the Singapore Branch and alternative dispute resolution in general.

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Facilitating the Belt and Road: CIETAC launches investment arbitration rules

On 1 October 2017, the International Investment Arbitration Rules of the China International Economic and Trade Arbitration Commission (CIETAC Investment Arbitration Rules or Rules) came into force. This is the first set of investment arbitration rules ever promulgated by a Chinese arbitration institution; no Chinese institution has heard an investor-state dispute to date. As China’s Belt and Road Initiative continues to gain momentum, disputes between investors and states along the Belt and Road region will, inevitably, arise. As the number of Belt and Road projects grows, so the number of disputes is bound to increase. The CIETAC Investment Arbitration Rules are designed to offer an alternative institution and rules to resolve these disputes between investors and states.

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Is arbitration a viable option for resolving disputes with a Chinese party?

Continuing our current series on doing business in China, this edition discusses the viability of arbitration as a method of resolving disputes. This article highlights international arbitrations with a Chinese party that is decided outside China (“offshore arbitration”) and international arbitrations with a Chinese party and a foreign party that is decided in China (“foreign related domestic arbitration”). Specifically, we discuss the enforceability of offshore arbitration awards and the viability of foreign related domestic arbitration in China.

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Arbitration SpeedRead – Nipping it in the bud – summary procedures in arbitration

In October 2017, the International Chamber of Commerce (the ICC) published an update to its practice note to parties and arbitral tribunals (the Practice Note), which makes explicit the availability under its current rules of an ‘expeditious determination’ procedure for ‘manifestly unmeritorious claims or defences’. In this Speedread, we take a look at the growing trend for the provision of such summary procedures in arbitration.

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Arbitration in the UAE – one step forward, two steps back?

Recent developments in the UAE legal framework once again call into question the attractiveness of the onshore UAE as a seat and hub for arbitration, as well as the ability of parties to choose their own counsel. We take a look at the developments and how this is likely to impact the arbitration landscape in the UAE.

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Superior Court of Justice analyses the scope of arbitration in oil and gas concessions

On 10 November, the Brazilian Superior Court of Justice (“STJ”) published its decision in a long awaited kompetenz-kompetenz (or competence-competence), jurisdictional case brought by Petrobras against the Brazilian oil and gas regulatory agency, the National Agency of Petroleum, Natural Gas and Biofuels (“ANP”). According to a majority of the STJ judges deciding the case, the arbitral tribunal should decide upon its own competence, including on the validity and application of the arbitration clause included in the concession agreement between the ANP and Petrobras.

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Call for Cybersecurity Guidelines in International Arbitration

Cybercrime has become a regular feature of global news. The question is not if another attack will happen, but when. Prominent examples include the leak of millions of attorney-client documents from law firms Appleby and Mossack Fonseca, and the “Petya” attack, which brought DLA Piper’s system to a standstill.

Arbitration is also at risk. Parties, arbitrators, counsel, and institutions may be compromised, and the consequences could be serious for the target and the arbitral community as a whole. We explore the risks and consequences in our article, Is our imagination failing us? Call for cybersecurity guidelines in international arbitration.

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Arbitration Speedread: LCIA updates its guidelines on the role of the Tribunal Secretary

In October 2017 the LCIA updated its guidelines on the use of tribunal secretaries. This is part of a continuing trend by arbitral institutions to put procedures in place surrounding the use of the tribunal secretary in international arbitration, in particular to clarify their role and the scope of their remit.

The start of this trend can be traced back to 2010 when the SCC introduced the role of ‘administrative secretary’ in their Arbitrator Guidelines. In 2012 the ICC published a revised Note on the Appointment, Duties and Remuneration of Administrative Secretaries. A Young ICCA Guide on Arbitral Secretaries (the Guide) followed in 2014. The Guide sought to codify existing best practices focusing on transparency, party consent and cost efficiency in the use of tribunal secretaries. In 2014 the HKIAC issued its own guidelines followed by the SIAC, both taking a similar approach to the Guide.

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Arbitration Exposed? Recent Cases Remind us that Parties Cannot Assume Arbitration Awards will Remain Confidential

*Arbitrations conducted under English law are private and typically confidential. It makes arbitrations seated in England attractive for parties concerned about the disclosure of commercially-sensitive information and potential reputational damage. However, two recent English court cases, Symbion Power LLC v Venco Imitiaz Construction Co and Teekay Tankers Ltd v STX Offshore & Shipbuilding Co Ltd. remind us that parties often risk losing that confidentiality in any related English court proceedings. Judgments or documents on the court file which contain references to arbitrations do not automatically remain confidential. Further, courts may not agree to anonymise judgments about arbitral proceedings or to restrict their publication. So, parties are well-advised to raise any concerns about preserving confidentiality with the court early on and to seek an appropriate order to protect it.

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English Court rejects claim that notice of arbitration given in a foreign language is not proper notice

In a dispute between an English company and a Russian company, the English High Court (the Court) refused to set aside an order enforcing a Russian arbitration award on the grounds that the English company had not been given notice of the arbitration or the appointment of arbitrators. The English company claimed that a series of letters in Russian, informing it of the arbitration proceedings, did not constitute proper notice as they were not provided with an English translation. However, as the headings of the letters were in English and contained the English word “arbitration”, and related to a contract in which the company had agreed to Russian language arbitration, the Court held that the English company ought to have known that the documents related to arbitration, and that the letters therefore constituted a valid notice. The Court’s comments suggest that there are a number of practical steps that a party can take when beginning an arbitration against a counter-party which does business in a language different from that of the notice.

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Ineligible Arbitrator Also Ineligible to Nominate Arbitrator: Indian Supreme Court – Does the Judgment Open Pandora’s Box?

This post critically examines the recent Supreme Court judgment in TRF Limited vs. Energo Engineering Private Limited where the court held that a person who is ineligible to be appointed as an arbitrator cannot even nominate an arbitrator. This judgment was in the context of a unilateral arbitration clause (“unilateral clause”) in which one party had control over the appointment of the arbitrator.

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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
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