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Publications – 2023
Click here to view the CIArb Singapore Newsletter – September 2023.
Click here to view the CIArb Singapore Newsletter – June 2023.
Click here to view the CIArb Singapore Newsletter – March 2023.
Past Publications – 2022
Click here to view the CIArb Singapore Newsletter – December 2022.
Click here to view the CIArb Singapore Newsletter – September 2022.
Click here to view the CIArb Singapore Newsletter – June 2022.
Click here to view the CIArb Singapore Newsletter – March 2022.
Past Publications – 2019
A detailed set of guidelines on what cybersecurity measures to take when handling arbitration was released today as part of New York Arbitration Week.
The Cybersecurity Protocol for International Arbitration (2020) is the culmination of two years of work by a working group on cybersecurity consisting of representatives of the International Council for Commercial Arbitration (ICCA), the New York City Bar Association (City Bar), and the International Institute for Conflict Prevention & Resolution (CPR).
China: A Special Interview With Mr Wang Chengjie, Vice Chairman & Secretary General Of China International Economic And Trade Arbitration Commission (CIETAC), China
This special interview was conducted by Ms Crystal Wong Wai Chin at the end of the Belt and Road Arbitration Institutions Roundtable Forum, during the China Arbitration Week in Beijing, China, on 7 November 2019 with Mr Wang Chengjie, in the presence of Ms Lu Fei1. Mr Wang Chengjie is the Vice Chairman & Secretary General of CIETAC and Ms Lu Fei, Deputy Director of Commission Affairs Division, CIETAC. Many thanks to Mr Wang and Ms Lu Fei for taking the time to share their thoughts with Kluwer Arbitration Blog and our readers.
Where a debtor company fails to repay its debt, the presence of an arbitration clause in the underlying agreement may give rise to a dilemma for the creditor: whether to arbitrate, or present a petition for winding-up against the debtor.
Hong Kong is striving to develop its maritime arbitration, Secretary for Justice of China’s Hong Kong Special Administrative Region (SAR) government Teresa Cheng said.
She hoped more mainland shipping enterprises will choose Hong Kong as an arbitration venue.
“As we are one of the busiest ports in the world, maritime legal services have become an integral part of Hong Kong,” Cheng said, noting that Hong Kong has a broad pool of legal practitioners to provide high-end maritime law and arbitration services to shippers, ship owners and commodities owners in aspects such as ship financing, ship broking, ship building and maritime insurance.
Arbitral Institutions: The Amendment Act introduces Arbitral Institutions to be designated by the Supreme Court and the High Courts for appointment of arbitrators, for international and domestic arbitrations respectively. §11 of the Arbitration Act has also been amended to lay down the new procedure for such appointments.
Despite The Difficulties, It is Time To Embrace Arbitration as The Best Way To Resolve Licensing Disputes
On the face of it, high-tech licensing disputes – especially those revolving around standards essential patents and FRAND – are tailor-made for arbitration. Done right, the process is relatively quick, cheaper than litigating across multiple jurisdictions, confidential, flexible and, if you are lucky, relatively amicable. At the end, a neutral body has decided on a global royalty rate that both sides are bound to accept and can be put in place immediately. The threat of injunctions is removed, as is the ability to game the court system to advantage.
When the UK leaves the EU, it may no longer be possible to enforce UK judgments across borders in the same way under European rules. However, new global rules will support UK judgments whatever the outcome of Brexit negotiations. In this article, we consider the implications of these for the long-term future of London as a hub for international dispute resolution.
On 1 March 2018 the German Arbitration Institute’s (DIS’s) new arbitration rules (the 2018 DIS Arbitration Rules) came into force. The highly anticipated rule reform was the first in 20 years and replaced the DIS 1998 Arbitration Rules. The reform process was thorough and well thought out.
Under the initiative of long-time DIS General Secretary Dr Francesca Mazza, German and foreign practitioners, academics and in-house counsel took a highly active role in shaping the new rules, developing the English and German versions concurrently.
Norton Rose Fulbright (NRF) has won a rare England and Wales Court of Appeal victory against an arbitration award, as the case heads to the Supreme Court.
NRF recently advised insurance firm Equitas in a long-running reinsurance dispute related to the insurance treatment of claims for damages arising out of mesothelioma liabilities, an asbestos exposure-related lung cancer.
[SINGAPORE] Forty-six countries signed the Singapore Convention on Mediation on Wednesday – the day it opened for signatures.
The United States and China were among the first signatories of the treaty – also known as the United Nations (UN) Convention on International Settlement Agreements Resulting from Mediation – which will provide for the enforcement of mediated settlement agreements across countries.
Singapore was the first to put ink to paper for the treaty, as represented by Law Minister K Shanmugam.
The Beihai Asia International Arbitration Centre that opens in Singapore today will provide lower-cost and efficient international arbitration services for small to medium-value disputes in cross-border commercial transactions.
The centre, which will also establish a China-Asean panel of arbitrators in promoting people-to-people exchanges, was set up by the Beihai Arbitration Commission (BAC) based in China’s Guanxi province.
The prospect of disputes arising in respect of projects under China’s Belt and Road Initiative (BRI) has generated considerable interest, accompanied by positioning on the part of governments, government institutions, lawyers and academics who see potential opportunities. The BRI is, of course, a very amorphous concept. Although primarily associated with infrastructure construction, which tends to involve large Chinese companies and Chinese funding, projects along the Belt and Road also involve governments other than the Chinese government and don’t necessarily include Chinese parties.
The DIFC Court of First Instance has found that the Dubai International Arbitration Centre breached an arbitration agreement and its own rules in the manner it appointed a tribunal chair – but cannot be held liable as the error was unintentional.
MANILA, Philippines — The International Chamber of Commerce (ICC) expects more Philippine companies to take the arbitration route in settling commercial disputes, especially now that new rules have been introduced to expedite the process and make it more accessible even to small firms.
Lawyer Alexis Mourre, president of the ICC International Court of Arbitration, said the growing interest for arbitration among local companies was evident in the 2nd Arbitration Day Philippines held Friday at the University of the Philippines- Bonifacio Global City Campus, where a significant increase in the number of participants was noted.
BAZ v BBA and others and other matters 
SGHC 275 This arbitration analysis examines the Singapore High Court’s decision in BAZ v BBA and the implications of having a portion of an international arbitration award set aside as being contrary to a country’s public policy on the rest of the award and on the parties to the award.
The Ministry of Law (MinLaw) has started a public consultation on Wednesday to seek views on proposals to amend the International Arbitration Act (IAA).
The proposed changes would firstly, provide for the default appointment of arbitrators in multi-party situations; secondly, allow parties under mutual agreement to request arbitrator(s) to decide on jurisdiction at the preliminary stage; and thirdly, recognise that an arbitral tribunal and the High Court can enforce obligations of confidentiality in arbitration.
DUBAI: In his capacity as Ruler of Dubai, Vice-President and Prime Minister of the UAE, His Highness Shaikh Mohammad Bin Rashid Al Maktoum issued Decree No. (17) of 2019 replacing the Statute Rules of the Dubai International Arbitration Centre (DIAC) approved pursuant to Decree No. (58) of 2009.
According to the new statute, the functions of the DIAC include providing local, regional and international arbitration through an advanced and integrated institutional framework, promoting arbitration as an efficient way to settle business and commercial disputes, providing a legal framework to support growth in the private sector and developing arbitration procedures that meet the highest standards of governance, justice and integrity.
In a world where businesses and organisations are ever more reliant on technology for their operations, technology disputes can be costly, if not disastrous.
Regardless of the size of the technology project, it is not uncommon to hear complaints about technology solutions which are more expensive and less effective than originally anticipated, or of disagreements on performance specifications, installation, maintenance, training and warranties.
Arbitration analysis: Shaun Lee, counsel at Bird & Bird ATMD LLP, examines the Singapore High Court’s decision in BVU v BVX that an arbitration award would not be set aside on the basis of public policy or fraud simply because the successful party had failed to call certain witnesses or to disclose certain internal documents. The court also refused to countenance the use of subpoenas by the unsuccessful party to obtain documents as a means to relitigate the merits of the dispute.
On Tuesday 22 April 2019, the Chartered Institute of Arbitrators (Singapore) issued their Guidelines for Witness Conferencing in International Arbitration (the “Guidelines”), providing tribunals, witnesses and parties with guidance in the conduct of witness conferencing.
The basic steps in an arbitration broadly resemble those in litigation. However, arbitration offers substantially more flexibility when it comes to the process. This adaptability is one of the key advantages of arbitration. In order to harness those benefits, it is necessary to first understand the basic elements of arbitration. Once they are comprehended, specific components may then be tailored to suit the case and client at hand.
Lawyers who are used to litigating their cases in federal court—and are comfortable with attempting to dispose of the great majority of them through summary judgment or, to a lesser extent, motions to dismiss—have sought to use dispositive motions as a primary tool in arbitrations.
When the Federal Arbitration Act (FAA), which provides for federal facilitation of private dispute resolution through arbitration, was enacted in 1925, its proponents argued that arbitration was desirable because it allows resolution of disputes more quickly and at less cost than court proceedings.
Is there a change under way in relation to the management and resolution of disputes in the construction industry?
In the UK, the “Constructing Team” report by Sir Michael Latham in 1994 made repeated references to the adversarial attitudes within the construction industry. He called for “a set of basic principles … on which modern contracts can be based” and recommended that “the best solution is to avoid disputes.”
Sir John Egan, in his “Rethinking Construction” report in 1998, still referred to the “strongly ingrained adversarial culture” within the construction industry.
On December 2018, the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration (“Prague Rules”) were released. (For related posts on the Prague Rules on Kluwer Arbitration Blog click here, here, here, and here.)
The Prague Rules aim to increase efficiency and reduce costs in arbitral proceedings. The project arose from a general dissatisfaction with both the costs of arbitration and the length of proceedings. Drafters believe that one of the causes of this is that, generally, tribunals are not sufficiently proactive in providing cost efficient and time-saving procedures.
On 20 December 2018 the International Court of Arbitration of the International Chamber of Commerce (ICC) published an updated Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration (Note). The Note, which came into effect from 1 January 2019, introduces a number of significant updates to the ICC’s practical guidance on its Rules of Arbitration.
The Singapore International Arbitration Centre (SIAC) saw its number of new case filings drop from 452 in 2017 to 402 in 2018. However, the aggregate sum in dispute for all new cases rose steeply to $7.06 billion from $4.07 billion a year previously.Of the 402 new cases filed last year, some 375 were administered, while 27 were ad hoc appointments. Both figures were smaller compared to 2017, for which the equivalent numbers were 421 and 31.
The seat of arbitration is a concept referring to location in the legal significance of international commercial arbitration. In the absence of parties’ agreement, the arbitration procedure shall be governed by the law of the seat of such proceeding, and supervised by the court of such seat, and receive relevant judicial support.
According to Russian media, the ICC has recently applied to the Russian Supreme Court (“SC“) asking that it clarify the approach of Russian courts to the ICC standard arbitration clause demonstrated in one of their cases (No. A40-176466/17). In this case the Moscow Arbitrazh Court and appeal courts (including the SC), found that a reference to the arbitration rules of an arbitral institution was not sufficiently clear evidence that the parties had agreed on that specific institution to administer the resolution of their disputes.
Litigation and arbitration can be lengthy and costly, which explains in part why mediation has been gaining in popularity as a method for resolving cross-border commercial disputes. What’s lacking, however, is a comprehensive legal framework for the enforcement of international settlement agreements. Without one, parties to a mediated settlement usually have to get a court judgment in a foreign jurisdiction to enforce the agreement.
Facing cybersecurity head on: the arbitration community develops guidance on how to tackle this difficult issue
There is an emerging consensus among the arbitration community that parties, arbitral institutions and tribunals in individual arbitration matters must give greater attention to cybersecurity in order to minimise the risks of a successful attack.
Past Publications – 2018
Singapore: Singapore Infrastructure Dispute-Management Protocol
Practical tips on arbitrating intellectual property disputes
Singapore, Indonesia ink pact to offer protection, global arbitration access to investors
Two MOUs inked in China to boost S’pore arbitration profile
SIAC Signs Memorandum of Understanding with the China International Economic and Trade Arbitration Commission
From Litigation to Arbitration and Beyond: the Evolution of Third Party Dispute Finance
New UN mediation treaty to be named after Singapore
SIAC Signs Memorandum of Understanding with the Shenzhen Court of International Arbitration
Applying for summary procedures in international arbitration: striking the balance
LCIA Updates Guidelines on Tribunal Secretaries
English court considers when it is appropriate to grant injunctive relief in aid of a foreign seated arbitration
Parliament: Laws passed to clarify jurisdiction of Singapore International Commercial Court, which has heard 17 cases since 2015
Litigation finance 101: Best practices for commercial litigation and arbitration
Parties Must Take Care to Avoid Risk of Defective Service in Arbitration
Facilitating the Belt and Road: CIETAC launches investment arbitration rules
Is arbitration a viable option for resolving disputes with a Chinese party?
Arbitration in the UAE – one step forward, two steps back?
Arbitration SpeedRead – Nipping it in the bud – summary procedures in arbitration