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Economic Damages: Acquisition premiums and the private benefits of control

By |July 20th, 2015|

The following is an extract from The Asia-Pacific Arbitration Review 2016 – http://globalarbitrationreview.com/reviews/71/asia-pacific-arbitration-review-2016/

In 2014 the management and strategies of several large publicly listed firms were the subject of high-profile public debates between activist shareholders and the firms’ managers. For example, in September 2014, Starboard Value, a US-based hedge fund, publicly criticised the management of Yahoo! and suggested that it […]

Chartered Institute of Arbitrators Centenary London Conference Principles

By |July 20th, 2015|

First published on Singapore International Arbitration Blog, 14 July 2015

The Chartered Institute of Arbitrators (CIArb) has plenty to be proud of – with over 13,000 members in more than 120 countries, CIArb has established itself as a leading global institution that supports the promotion, facilitiation and development of all forms of private dispute resolution. Its current Patron is none […]

Singapore High Court rejects attempt to set aside an award for breach of an alleged agreed arbitral procedure

By |July 20th, 2015|

First posted on Singapore International Arbitration Blog, January 8, 2015

The Singapore High Court recently delivered another pro-arbitration, pro-enforcement decision in Triulzi Cesare SRL v Xinyi Group (Glass) Co Ltd, [2014] SGHC 220 (“Triulzi v Xinyi”).

The plaintiff’s i.e. Triulzi Cesare SRL (“Triulzi”) decision to challenge an adverse ICC award arose chiefly out of a dispute as to whether “witness statements” […]

The evolution of international arbitration

By |July 20th, 2015|

This article was first published by Ashurst Singapore in March 2014

As cross-border trade and investment continues to grow, so does the need for fair, neutral and efficient resolution of international commercial disputes. International arbitration has emerged as the principal dispute resolution method for such disputes, but has become hampered in recent years by increasing costs and delays. Various proposals […]

Arbitration under SIAC Expedited Procedure not contrary to arbitration clause providing for 3 Arbitrators

By |July 20th, 2015|

First posted on Singapore International Arbitration Blog, March 18, 2015

In the recent case of AQZ v ARA, [2015] SGHC 49, the Singapore High Court had to consider a challenge to an SIAC award which was rendered pursuant to the SIAC’s expedited procedure under the SIAC Rules 2010. The High Court upheld the award rendered by the sole arbitrator even […]

Time limited obligations to engage in “friendly discussions” before proceeding to arbitration may be legally binding

By |July 20th, 2015|

First posted on Singapore International Arbitration Blog, July 21, 2014

[We are grateful for the following guest post from Charlotte Bamford, a Trainee Solicitor currently sitting in the Commercial Litigation Group of Olswang’s London office.]

In Emirates Trading Agency LLC v Prime Mineral Exports Private Limited [2014] EWHC 2104 (Comm), the Commercial court considered whether a contractual clause requiring the parties […]

The separated arbitrator

By |September 5th, 2014|

Ben Giaretta and Michael Weatherley discuss two recent cases in England and Singapore about what law governs an arbitration clause, and explain what this means for commercial parties.

A paradoxical barber 

The philosopher Bertrand Russell1 gave the following example of a logical paradox: if a barber shaves all those, and only those, men in town who do not shave themselves, who […]

Back to the future: Reliance -v- Union of India

By |September 5th, 2014|

Ben Giaretta and Akshay Kishore report on the latest in a line of judgments from the Supreme Court of India concerning the powers of the Indian courts to intervene in foreign-seated arbitrations: Reliance Industries Limited & Another -v- Union of India (2014)

The BALCO effect 

In 2012, the judgment of the Supreme Court of India in Bharat Aluminium (BALCO)2 marked a […]

Ten tips for saving time and cost in international arbitration

By |September 5th, 2014|

Concerns over increasing time and costs in international arbitration have risen in recent years. These were famously articulated by the Chief Justice of Singapore in his opening speech at the ICCA Conference in 2012.1 Various arbitral institutions have also issued guidelines in the last few years, designed to help parties save time and costs.2 Here, Ben Giaretta and Michael […]