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

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Recent

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

Recent political developments have resulted in considerable geopolitical uncertainty and presented challenges to the international order. With the UK’s vote to exit the European Union, the election of Donald Trump as US president, the Western sanctions against Russia, and the rising North Korea nuclear tensions, 2017 ushers in a turbulent time where commercial parties’ usual approach to dispute resolution is under challenge. This article examines the likely impact of recent political changes on international arbitration.

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Public Comment Period Now Open on Draft Report of the ICCA-Queen Mary Task Force on Third-Party Funding

The Task Force is composed of over fifty members from over twenty different jurisdictions around the world, and includes representation of stakeholders from diverse perspectives, including arbitrators, in-house counsel, State parties, external counsel, representatives with experience at arbitral institutions, academics, and a range of third-party funders and brokers. The Task Force aims generally to improve understanding about third-party funding through multi-lateral dialogue about the issues it raises in international arbitration, and to promote greater consistency in addressing these issues. In approaching these aims, the Task Force generally limited its work to those issues that: (1) directly affect international arbitration proceedings; and, (2) are capable of being addressed at an international level.

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Shanghai Court Refuses Enforcement of SIAC Award Made under 2013 SIAC Expedited Procedure

The Shanghai First Intermediate Court (Shanghai Court), by a decision made on 11 August 2017, recently dismissed an application seeking leave to enforce an award of the Singapore International Arbitration Centre (SIAC) on the ground that the conduct of the underlying arbitration had been in disregard of the parties’ express choice of three arbitrators as set out in the contractual arbitration clause. The relevant award was made by a sole arbitrator appointed pursuant to the Expedited Procedure of the 2013 SIAC Rules. Enforcement was refused on the basis that “[the] composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties …” as stipulated by Article 5 (1)(d) of the 1958 New York Convention on the Reciprocal Recognition and Enforcement of Foreign Arbitral Awards (New York Convention).

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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

In recent years, the number of arbitration cases in China has continued growing, from 37,304 in 2004 to 208,545 in 2016, with an average annual growth rate of about 16%; the dispute amount involved has also risen from RMB 51.5 billion in 2004 to RMB 269 billion in 2016, the average annual growth rate of which is about 22%. It is easy to see from the above statistics that arbitration in China has gradually obtained more and more attentions from commercial entities, and has been one of the main approaches of dispute resolution. In addition to its Arbitration Law, China has issued several relevant official judicial interpretations or opinions on arbitration issues. Among them, the latest one, which reflected substantial reform, is Opinions of the Supreme People’s Court on Providing Judicial Protection for the Construction of Pilot Free Trade Zones (promulgated on 9th Jan 2017, hereinafter referred to as the “Opinions”).

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Diamond in the Rough: Singapore High Court sets aside Lesotho investor-State Award

In another ground-breaking case, the Singapore High Court has set aside an investor-State arbitral award on the basis that the tribunal exceeded its jurisdiction. This case follows on from the recent judgment in Sanum Investments Ltd v Government of the Lao People’s Democratic Republic [2016] SGCA 57, in which the Singapore Court of Appeal found that an investor-State arbitral tribunal did have jurisdiction to hear claims against the Government of Laos. It further demonstrates the willingness and competence of the courts of Singapore to deal with issues concerning public international law and investment arbitration.

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Greater harmony required if arbitration is to break through in Africa

An event hosted by the Chartered Institute of Arbitrators investigated the differing approaches toward arbitration taken by African countries.The need for greater harmonisation between Africa’s differing legal traditions is needed if international arbitration is going to take hold on the continent and attract a greater number of cases to African seats, according to delegates at the International Arbitration Conference hosted by the Chartered Institute of Arbitrators (CIArb). The event, hosted in Johannesburg on 19 and 20 July, was the second of three international events the institute is running in 2017, which consider the harmonisation of different legal traditions in international arbitration.

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A Stepping Stone Without Overstepping The Mark – English Commercial Court Outlines What Constitutes Inappropriate Delegation Within Arbitration Tribunals

In the recent anonymised judgment of P v Q and others[2017] EWHC 194 (Comm), the England & Wales Commercial Court gave some important guidance on delegation within Tribunals and the appropriate role of a Tribunal Secretary. An appointment as a Tribunal Secretary is often seen as a stepping stone for arbitration practitioners looking for their first arbitral appointment. This judgment will be of interest to current and aspiring Tribunal Secretaries, as well as to Tribunals themselves.

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Three takeaways on how digital technologies are transforming arbitration

New technologies and developments are transforming the future of dispute resolution though challenges remain, according to a recent ICC conference. From 12-13 June 2017, an ICC conference entitled ‘Equal Access to Information & Justice: Online Dispute Resolution’ brought together 170 lawyers, magistrates, academics, researchers, dispute resolution organisations and providers from over 30 countries on every continent. The goal: to discuss the huge and largely unexplored potential of online dispute resolution (ODR).

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SIAC Opens its Second Representative Office in India in GIFT

The Singapore International Arbitration Centre (SIAC) is pleased to announce that it has opened a second representative office in India (after its Mumbai representative office which was established in 2013), in the International Financial Services Centre in Gujarat International Finance Tec-City (GIFT IFSC), Gujarat. This is pursuant to the Memorandum of Agreement entered into last year between SIAC, the Gujarat International Finance Tec-City Company Limited (GIFTCL) and GIFT SEZ Limited (GIFT SEZ).

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2017
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
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