Courts and Arbitration A Question of Balance?
|
|
- Naomi Taylor
- 6 years ago
- Views:
Transcription
1 Courts and Arbitration A Question of Balance? Recent Developments in Singapore law Chong Yee Leong Partner, Rajah & Tann LLP 24 April Setting The Scene The current economic climate and arbitration Well-functioning dispute settlement systems imperative in today s economy NY Convention and the UNCITRAL Model Law Reasons for the rise of arbitration Free-standing substantive law of arbitration? 2 1
2 Setting The Scene But arbitration cannot exist in a vacuum divorced from the courts Balance Striking an appropriate balance between competing and complementary factors for and against judicial intervention 3 Setting The Scene The Goldilocks challenge Key values: Party Autonomy Certainty Expectation of the parties Fairness/Justice Finality and Enforceability How does Singapore balance these competing interests? Policy of minimal judicial interference 4 2
3 Setting The Scene 6 recent Singapore cases: Swift-Fortune: pre-award interim relief SBT: post-award challenge on Natural Justice PT Asuransi: post-award challenge on public policy VV: post-award challenge on Natural Justice and public policy NCC: pre-arbitration interlocutory injunction Ng Chin Siau : post-award challenge on leave to appeal to CA Applicant in all six cases failed 5 Swift-Fortune v Magnifica Marine Pre-award interim relief 3
4 Swift-Fortune v Magnifica Marine Swift-Fortune, a Liberian company, contracted to purchase a vessel from Magnifica Marine, a one-ship Panamanian company. Physical delivery was to be in China but with legal completion in Singapore. The contract was governed by English law and provided for arbitration in London. Delivery was delayed and Swift-Fortune claimed it incurred damages of up to US $ 2.5 million. It applied for a Mareva injunction. 7 Swift-Fortune v Magnifica Marine Issue: does a Singapore court have jurisdiction to grant interim relief in aid of international arbitration proceedings which are not conducted in Singapore? Two conflicting judgments High Court in Swift Fortune: no High Court in Front Carriers: yes, although CA reonciled the two by distinguishing Front Carriers on the basis that there was a justiciable cause of action in Singapore 8 4
5 Swift-Fortune v Magnifica Marine Court of Appeal declined jurisdiction Art 9 of the Model Law is not an empowering provision. Legislative intent behind IAA to promote arbitration in Singapore. Territorial limitation implied into powers to grant interim relief. Court must not cut across the grain of the chosen curial law and interfere with the powers of the foreign arbitral tribunal. 9 Swift-Fortune v Magnifica Marine The case in perspective Jurisdiction to grant interim relief not per se invasive of arbitration Especially in context of an order to aid enforcement which is key to arbitration Exercise not possession of power determines whether a court assists or interferes with arbitration What really is the policy of the IAA? Judicial nationalism? Does this really help promote Singapore as an arbitration friendly jurisdiction? Law Reform? 10 5
6 SohBengTee v Fairmount Devt Post-award challenges: Natural Justice SBT v Fairmount Devt Fairmount, a developer of condominium projects, engaged SBT to build and maintain apartment blocks, mock-up units and a substation. Construction was to be completed by 1 February SBT made several applications for time extensions, but was granted only 5 days. 12 6
7 SBT v Fairmount Devt SBT failed to make the deadline and the contract was repudiated. Fairmount sued for damages. SBT argued that the termination was unlawful and invoked its right to arbitration. Issues before the Arbitrator Whether Fairmount s termination was lawful i.e. whether SBT entitled to time extensions. 13 SBT v Fairmount Devt Arbitrator s findings Lack of evidence prevented assessment of entitlement to time extension But: some of Fairmount s acts hindered SBT s ability to perform the contract expeditiously Time for performance was at large, SBT entitled to reasonable time to complete contract 14 7
8 SBT v Fairmount Devt Did the arbitrator exceed his jurisdiction in deciding that time was at large? In any event, was there a breach of natural justice in denying parties the right to be heard (on the issue that time was at large)? High Court: no ultra vires, but breach of natural justice Court of Appeal: no breach of natural justice (no appeal on ultra vires issue) 15 SBT v Fairmount Devt High Court s reasoning: Arbitrator had to decide the basis on which SBT had to complete the works. This invariably included the issue whether time was at large therefore this issue was theoretically not outside the scope of arbitration. However, neither party proceeded on the basis that time was at large and so neither party argued this position. Fairmount was deprived of its right to be heard on this issue. 16 8
9 SBT v Fairmount Devt Court of Appeal findings on judicial oversight and the parties rights in relation to natural justice - Policy of minimal intervention (a) to recognise autonomy of arbitration by encouraging finality and (b) to uphold the choice of the chosen dispute resolution method. See [62] of the judgment 17 SBT v Fairmount Devt - Relevant considerations in deciding whether or not to intervene Support the effectiveness of arbitration and avoid myriad unmeritorious judicial challenges Respect the expertise of the appointed arbitrator - Key test : It must be shown that reasonable arbitrant could not have foreseen the possibility of reasoning of the type found in the award 18 9
10 SBT v Fairmount Devt - Court s function not to comb through the award in search of a fault. Awards should be read generously in order to ensure only meaningful breaches are remedied. - See [65] of the judgment : In short there must be a real basis for alleging that the arbitrator has conducted the arbitral process either irrationally or capriciously. 19 SBT v Fairmount Devt The case in perspective Clear articulation of judicial philosophy Largely in line with international norms Generally the arbitrator s word will be final Great reliance of party autonomy But irrational or capricious? 20 10
11 PT Asuransi v Dexia Bank Post-award challenges: Public policy PT Asuransi v Dexia Bank PT Asuransi was an Indonesian entity that guaranteed a series of notes. The guarantee allowed for a debt restructuring scheme. Dexia Bank was one of several holders of the notes. The notes matured in 1999 but remained unpaid. In 2000 PT Asuransi initiated a debt restructuring scheme. A Noteholders meeting in February 2000 purportedly approved that scheme
12 PT Asuransi v Dexia Bank Dexia Bank remained opposed and commenced arbitration in March The issuer and PT Asuransi did not appear in the arbitration. In June 2001, the resolutions of the Noteholders meeting were ratified but the Tribunal was not made aware of this till later. 23 PT Asuransi v Dexia Bank The arbitration commenced by Dexia Bank was completed in October The award held that PT Asuransi had failed to restructure its obligation and hence was still liable. [award 1] PT Asuransi then commenced arbitration in January 2002 seeking a declaration that the June 2001 meeting and scheme were valid and binding on the Noteholders. The second arbitral tribunal held that it had no jurisdiction as all the issues should have been brought up in the first arbitration. [award 2] 24 12
13 PT Asuransi v Dexia Bank Should the second award be set aside for breach of public policy, ie conflict with the first award? Court of Appeal on the ambit of public policy Errors of law or fact do not engage the public policy of Singapore per se cf. egregious error? No necessary correlation between questions of jurisdiction and public policy Public morality is the touchstone of public policy 25 PT Asuransi v Dexia Bank Finality of litigation is part and parcel of the public policy of Singapore Public policy is only relevant if upholding the award would shock the conscience of the public or violate the forum s most basic notions of morality and justice 26 13
14 PT Asuransi v Dexia Bank Furthermore, the second award was a nullity and therefore there was nothing in substance to set aside Court of Appeal on the definition of award A negative determination is a decision not to determine the substance of the dispute, and therefore cannot be an award for the purposes of the Model Law 27 VV v VW post award challenges : Public Policy Natural Justice 14
15 VV v VW VW, an Asian government, engaged VV, an Incorporated Joint Venture, to plan, design and provide work supervision services for an infrastructure project. A dispute arose over payment for a disruption charge and VV invoked its right to arbitration. VW raised 2 defences and 10 counterclaims. The Arbitrator decided in VW s favour with costs. 29 VV v VW Arbitrators finds on costs: VW was granted the costs of the arbitration, which included the costs of the counterclaim; VV was ordered to pay VW $2.8m in costs when its claim was only for $927,000. Did the arbitrator s award of $2.8m in costs breach the proportionality principle and was it against public policy? Was the award of $2.8m made in breach of natural justice as no evidence was given on international arbitration practice? 30 15
16 VV v VW High Court s findings on the ambit of public policy High Court reiterated the principles formulated by CA in Asuransi; No public interest involved in legal costs of parties to one-off and private litigation; Not part of public policy to ensure costs incurred by parties in arbitration be assessed on the basis of any principle; 31 VV v VW High Court s findings on a breach of natural justice High Court applied principle enunciated by CA in SBT : rules of natural justice cannot be applied mechanically; Arbitrator s views and experience on costs were before the parties and VV had every opportunity to address them
17 VV v VW The case in perspective Court applies principles laid down in earlier CA cases and opts for minimal judicial interference; Arbitration supposed to be cheaper than litigation but the costs awarded are way above costs in the High Court. Does this approach promote arbitration as more cost efficient when compared to litigation? 33 NCC International AB v Alliance Concrete Pre-Arbitration interlocutory injunction 17
18 NCC International AB v Alliance Concrete NCC had contracted to buy ready mixed concrete from AC Indonesia halted the sale of sand, essential to making ready mixed concrete, to Singapore. AC stopped supplying concrete to NCC pending renegotiation on the price of concrete. NCC, without having served a notice on AC to arbitrate, applied for an interlocutory injunction to compel AC to deliver concrete at the contract price 35 NCC International AB v Alliance Concrete Should the Court intervene in view of pending arbitration proceedings? Court of Appeal on lending its assistance to prospective or ongoing arbitration proceedings: Courts have supportive and limited supervisory function over arbitrations held in Singapore Courts will only intervene in limited circumstances where there are special circumstances justifying an application being made to court instead of a tribunal 36 18
19 NCC International AB v Alliance Concrete The case in perspective Lays down guidelines for provision of assistance by courts in pending or ongoing arbitrations Such assistance only given in special circumstances With little room for intervention, in practice, is the role of the court supervisory or merely supportive? 37 Ng Chin Siau and Others v How Kim Chuan Post award challenges: Leave to appeal to CA 19
20 Ng Chin Siau and Others v How Kim Chuan Applicant and respondents were partners in dental practice Disputes between them were referred to arbitration The respondents, dissatisfied with the arbitrators award, sought leave to appeal to the High Court 39 Ng Chin Siau and Others v How Kim Chuan Judge granted leave and allowed the appeal Applicants sought leave to appeal to CA against the Judge s decision Judge refused leave and applicant applied to CA for leave to appeal
21 Ng Chin Siau and Others v How Kim Chuan Can one go to the CA for leave to appeal against a High Court decision refusing leave to appeal to CA? CA findings: The Act s objective promotes desirability of finality and limited judicial intervention in arbitration proceedings The High Court s role was likened to an exclusive gate keeper for appeals against awards pursuant to the Arbitration Act No appeal to CA in arbitration cases if High Court refuses to grant leave to appeal to CA. 41 Evaluating Singapore s Judicial Philosophy Minimal judicial interference 21
22 Judicial Philosophy and Arbitration Minimal judicial interference Recognition of the need to protect core values of arbitration Certainty and finality due to party autonomy Special expertise of arbitrator Interest of winners as well as of losers Enforceability? While one can understand the restrained approach in the context of a post award, it is less understandable when viewed in the context of pre award interim relief. (see Swift-Fortune) 43 Judicial Philosophy and Arbitration Public policy not just egregious error but one which must shock the conscience of the public. Therefore rarely engaged. Natural Justice- invoked only when decisions are irrational or capricious? Procedural norms give way to all these factors Therefore, in context of not having a right of appeal this becomes a serious limitation of the parties rights 44 22
23 Conclusions Judicial attitude generally sustainable when measured against principle of minimal judicial interference and promotion of international arbitration in Singapore Less coherent when measured against value of enforceability Swift-Fortune Legal certainty supports minimal judicial interference But: pragmatic application necessary as the pendulum may have swung a little too far 45 Thank You! For more information, please contact: Mr Chong Yee Leong DID: Fax: yee.leong.chong@rajahtann.com Website:
Courts and Arbitration A Question of Balance?
Courts and Arbitration A Question of Balance? Recent Developments in Singapore law Sundaresh Menon Senior Partner, Rajah & Tann 11 1 Setting the scene The current economic climate and arbitration Well-functioning
More informationTHE ROLE OF THE COURTS IN THE ARBITRATION PROCESS
THE ROLE OF THE COURTS IN THE ARBITRATION PROCESS 22 April 2010 Presentation by Ng Kim Beng Partner, International Arbitration Practice (65) 6232 0182 Key Points Courts in Singapore will uphold arbitration
More informationTHE INTERNATIONAL ARBITRATION ACT OF SINGAPORE
THE INTERNATIONAL ARBITRATION ACT OF SINGAPORE The laws governing private commercial arbitration in Singapore are divided into domestic and international regimes. There is a third regime that deals with
More informationAstro v. Lippo: Singapore Court of Appeal Confirms Passive Remedies to Enforcement Available for Domestic International Awards
Astro v. Lippo: Singapore Court of Appeal Confirms Passive Remedies to Enforcement Available for Domestic International Awards Kluwer Arbitration Blog November 29, 2013 Ben Jolley (Herbert Smith Freehills
More informationSwift-Fortune Ltd v Magnifica Marine SA
[2007] 1 SLR(R) SINGAPORE LAW REPORTS (REISSUE) 629 Swift-Fortune Ltd v Magnifica Marine SA [2006] SGCA 42 Court of Appeal Civil Appeal No 24 of 2006 Chan Sek Keong CJ, Andrew Phang Boon Leong JA and Tay
More informationQuarella SpA v Scelta Marble Australia Pty Ltd [2012] SGHC 166
MEALEY S TM International Arbitration Report Quarella SpA v Scelta Marble Australia Pty Ltd [2012] SGHC 166 by Andrew Battisson and Sunil Mawkin Allen & Overy LLP Singapore A commentary article reprinted
More informationTHE SINGAPORE APPROACH TO THE ADJOURNMENT OF PROCEEDINGS TO ENFORCE A FOREIGN ARBITRAL AWARD
Published on 6 September 2018 THE SINGAPORE APPROACH TO THE ADJOURNMENT OF PROCEEDINGS TO ENFORCE A FOREIGN ARBITRAL AWARD Margaret Joan LING LLB (National University of Singapore); Partner, Litigation
More informationDispute Resolution Around the World. Poland
Dispute Resolution Around the World Poland Dispute Resolution Around the World Poland 2011 Dispute Resolution Around the World Poland Table of Contents 1. Legal System... 1 2. The Courts... 1 3. Legal
More informationL W Infrastructure Pte Ltd v Lim Chin San Contractors Pte Ltd and another appeal
[2013] 1 SLR SINGAPORE LAW REPORTS 125 L W Infrastructure Pte Ltd v Lim Chin San Contractors Pte Ltd and another appeal [2012] SGCA 57 Court of Appeal Civil Appeals Nos 17 and 26 of 2012 Chan Sek Keong
More informationLegal Business. Overview Of Court Procedure. Memoranda on legal and business issues and concerns for multiple industry and business communities
Memoranda on legal and business issues and concerns for multiple industry and business communities Overview Of Court Procedure 1 Rajah & Tann 4 Battery Road #26-01 Bank of China Building Singapore 049908
More informationSecurity of payment under FIDIC contracts: more secure, for now
INSIGHT Security of payment under FIDIC contracts: more secure, for now January 28, 2015 Written by Eugene Tan, Tia Starey and Rupert Coldwell The High Court of Singapore recently handed down an important
More informationINTERIM MEASURES IN AID OF FOREIGN ARBITRATIONS. Time for the Deus Ex Machina?
(2009) 21 SAcLJ Interim Measures in Aid of Foreign Arbitrations 429 INTERIM MEASURES IN AID OF FOREIGN ARBITRATIONS Time for the Deus Ex Machina? Does a Singapore court have the power to issue interim
More informationProposed Amendment in Section 28 of The Contract Act, 1872
Introduction Proposed Amendment in Section 28 of The Contract Act, 1872 Any undertaking between two individuals or groups of individuals results in a contract. From morning till evening, day in and day
More informationDetermining The Proper Law Of An Arbitration Agreement
Determining The Proper Law Of An Arbitration Agreement Introduction An arbitration agreement is a unique clause in a contract because it exists separately from the contract in which it is found. Therefore,
More informationSTATE PROCEEDINGS ACT
STATE PROCEEDINGS ACT Act 5 of 1953 15 October 1954 ARRANGEMENT OF SECTIONS 1A. Short title 1B. Interpretation PRELIMINARY PART I SUBSTANTIVE LAW 1. Liability of State in contract 2. Liability of State
More informationSetting aside an international arbitration award based on deficient pleadings
Setting aside an international arbitration award based on deficient pleadings DARIUS CHAN * Kempinski Hotels SA v PT Prima International Development [2011] SGHC 171 If it isn t pleaded, you can t consider
More informationView Esteem Sdn Bhd v Bina Puri Holdings Bhd*
CIDB Construction Law Report 2016 View Esteem Sdn Bhd v Bina Puri Holdings Bhd* COURT OF APPEAL, PUTRAJAYA CIVIL APPEAL NO: W 02(C)(A) 1507 09/2015 HAMID SULTAN BIN ABU BACKER JCA, PRASAD SANDOSHAM ABRAHAM
More informationBharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc., (2012) 9 SCC 552
Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc., (2012) 9 SCC 552 and Conciliation Act, 1996 Ss. 2(2), 2(1)(f) & 2(4), (5) & (7), 1, 9, 42, 37, Pt. I and Pt. II - International commercial
More information10th Anniversary Edition The Baker McKenzie International Arbitration Yearbook. Singapore
10th Anniversary Edition 2016-2017 The Baker McKenzie International Arbitration Yearbook Singapore 2017 Arbitration Yearbook Singapore Singapore Chan Leng Sun, S.C. 1 and Tan Weiyi 2 A. Legislation and
More informationPRIVATE INTERNATIONAL LAW : CONFLICT OF LAWS
Arbitration under the Arbitration Act 1996 Aim: To provide a clear outline of the principal issues relating to the legally binding resolution of conflict of laws disputes via arbitration under the Arbitration
More informationPARLIAMENT OF VICTORIA. Mineral Resources (Sustainable Development) Amendment Bill 2012
PARLIAMENT OF VICTORIA Mineral Resources (Sustainable Development) Amendment Bill 12 TABLE OF PROVISIONS Clause Page 1 Purpose 1 2 Commencement 2 3 Principal Act 3 4 Power to enter 3 Power to give directions
More informationCase Note. Nicholas POON* LLB (Summa) (Singapore Management University); Justices Law Clerk, Supreme Court of Singapore.
(2014) 26 SAcLJ on Jurisdiction 269 Case Note SETTING ASIDE PRELIMINARY RULINGS ON JURISDICTION International Research Corp plc v Lufthansa Systems Asia Pacific Pte Ltd [2014] 1 SLR 130 and PT Asuransi
More informationSobati General Trading LLC v PT Multistrada Arahsarana
[2010] 1 SLR SINGAPORE LAW REPORTS 1065 Sobati General Trading LLC v PT Multistrada Arahsarana [2009] SGHC 245 High Court Originating Summons No 412 of 2009 Tay Yong Kwang J 17 September 2009 Arbitration
More informationDraft agreement on a Unified Patent Court and draft Statute - Revised Presidency text
COUNCIL OF THE EUROPEAN UNION Brussels, 26 October 2011 16023/11 PI 141 COUR 62 WORKING DOCUMENT from: Presidency to: Delegations No. prev. doc.: 15539/11 PI 133 COUR 59 Subject: Draft agreement on a Unified
More informationSINGAPORE INTERNATIONAL ARBITRATION CENTRE (SIAC)
GUIDE TO INTERNATIONAL ARBITRATION IN SINGAPORE INTERNATIONAL ARBITRATION CENTRE (SIAC) Written By S. Ravi Shankar Advocate on Record - Supreme Court of India National President of Arbitration Bar of India
More informationPT Gunung Madu Plantations v Muhammad Jimmy Goh Mashun
This judgment is subject to final editorial corrections approved by the court and/or redaction pursuant to the publisher s duty in compliance with the law, for publication in LawNet and/or the Singapore
More informationREGULATION (EC) No 593/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. of 17 June on the law applicable to contractual obligations (Rome I)
REGULATION (EC) No 593/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 June 2008 on the law applicable to contractual obligations (Rome I) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN
More informationPART I ARBITRATION - CHAPTER I
INDIAN BARE ACTS THE ARBITRATION AND CONCILIATION ACT, 1996 No.26 of 1996 [16th August, 1996] An Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration
More informationCHAPTER 9 INVESTMENT. Section A
CHAPTER 9 INVESTMENT Section A Article 9.1: Definitions For the purposes of this Chapter: Centre means the International Centre for Settlement of Investment Disputes (ICSID) established by the ICSID Convention;
More informationCOURT OF QUEEN'S BENCH OF ALBERTA POSEIDON CONCEPTS CORP., POSEIDON CONCEPTS LTD., POSEIDON CONCEPTS LIMITED PARTNERSHIP, AND POSEIDON CONCEPTS INC.
SCHEDULE C COURT FILE NUMBERS 1301-04364 COURT JUDICIAL CENTRE COURT OF QUEEN'S BENCH OF ALBERTA CALGARY IN THE MATTER OF THE COMPANIES CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C-36, AS AMENDED AND IN
More informationContract & Arbitration Law Developments In 2012
Contract & Arbitration Law Developments In 2012 Introduction 2012 saw a number of developments in the areas of contract and arbitration law. Over the course of the year, we have kept you informed with
More informationCHAPTER 9 INVESTMENT. Section A: Investment
CHAPTER 9 INVESTMENT Section A: Investment ARTICLE 9.1: DEFINITIONS For the purposes of this Chapter: (d) covered investment means, with respect to a Party, an investment in its territory of an investor
More information1) Freedom of choice the primary principle
The law applicable to contractual obligations (Rome I Regulation) - a summary and practical guidance on its impact on contractual obligations concluded by Cyprus companies From 17 December 2009 Regulation
More informationDecree No. 57 for 2009 Establishing a Tribunal to decide the Disputes Related to the Settlement of the Financial Position of
Decree No. 57 for 2009 Establishing a Tribunal to decide the Disputes Related to the Settlement of the Financial Position of Dubai World and its Subsidiaries We, Mohammed Bin Rashid Al Maktoum, Ruler of
More informationCONTACT US. Background
April 2015 Arbitration Singapore Court of Appeal espouses standards to be met when setting aside an arbitral award; reinforces Singapore s pro-arbitration policy CONTACT US In a judgment delivered on 31
More informationJudicial Review, Competence and the Rational Basis Theory
Judicial Review, Competence and the Rational Basis Theory by Undergraduate Student Keble College, Oxford This article was published on: 5 February 2005. Citation: Walsh, D, Judicial Review, Competence
More informationUniform Arbitration Act
2-1 Uniform Law Conference of Canada Uniform Act 2-2 Table of Contents INTRODUCTORY MATTERS 1 Definitions 2 Application of Act 3 Contracting out 4 Waiver of right to object 5 agreements COURT INTERVENTION
More informationEUROPEAN UNION. Brussels, 31 March 2008 (OR. en) 2005/0261 (COD) PE-CONS 3691/07 JUSTCIV 334 CODEC 1401
EUROPEAN UNION THE EUROPEAN PARLIAMT THE COUNCIL Brussels, 31 March 2008 (OR. en) 2005/0261 (COD) PE-CONS 3691/07 JUSTCIV 334 CODEC 1401 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: Regulation of the
More informationThe Arbitration Act, 1992
1 The Arbitration Act, 1992 being Chapter A-24.1* of the Statutes of Saskatchewan, 1992 (effective April 1, 1993) as amended by the Statutes of Saskatchewan, 1993, c.17; 2010, c.e-9.22; 2015, c.21; and
More information32000R1346 OJ L 160, , p (ES, DA, DE, EL, EN, FR, 1. Council regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings
32000R1346 OJ L 160, 30.6.2000, p. 1-18 (ES, DA, DE, EL, EN, FR, 1 Council regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings THE COUNCIL OF THE EUROPEAN UNION, Council regulation (EC)
More informationAstro v. Lippo: Hong Kong Court Clarifies The Discretion Found In Article V Of The New York Convention, But Holds Firm On Time Limits
MEALEY S 1 International Arbitration Report Astro v. Lippo: Hong Kong Court Clarifies The Discretion Found In Article V Of The New York Convention, But Holds Firm On Time Limits by Chiann Bao Skadden,
More informationJapan. Country Q&A Japan. Hiroyuki Tezuka and Masako Yajima, Nishimura & Partners. Country Q&A COURTS GENERAL AND GOVERNING LAW
Japan Japan Hiroyuki Tezuka and Masako Yajima, Nishimura & Partners www.practicallaw.com/a47292 GENERAL AND GOVERNING LAW COURTS 1. Please give a brief overview of general trends in the use of courts,
More informationMEMORIAL FOR THE CLAIMANT
TEAM THE INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION (ADR) MOOTING COMPETITION 2014 CONGLOMERATED NANYU TOBACCO LTD. CLAIMANT v. REAL QUIK CONVENIENCE STORES LTD. RESPONDENT MEMORIAL FOR THE CLAIMANT
More informationDispute Resolution Around the World. Azerbaijan
Dispute Resolution Around the World Azerbaijan Dispute Resolution Around the World Azerbaijan 2009 Dispute Resolution Around the World Azerbaijan Table of Contents 1. Legal System... 1 2. The Court System...
More informationArbitration: Enforcement v Sovereign Immunity a clash of policy
Arbitration: Enforcement v Sovereign Immunity a clash of policy Presented by Hermione Rose Williams Advocates BVI Outline: A talk which examines the tension between the enforcement of arbitral awards and
More informationIMechE Seminar Arbitration & Engineering
IMechE Seminar Arbitration & Engineering Presented by Man Sing Yeung FHKIS, FRICS, FCIArb Chartered Arbitrator Accredited Mediator/Adjudicator, Solicitor, Partner of Li & Partners Arbitration & Engineering
More informationCommercial Arbitration 2017
Commercial Arbitration 2017 Last verified on Tuesday 27th June 2017 Vietnam K Minh Dang, Do Khoi Nguyen, Ian Fisher and Luan Tran YKVN LLP Infrastructure 1. The New York Convention Is your state a party
More informationSingapore International Commercial Court issues first decision. A Legal Update from Dechert's International Arbitration Group
Singapore International Commercial Court issues first decision A Legal Update from Dechert's International Arbitration Group June 2016 Following the establishment of the Singapore International Commercial
More informationLaw of Arbitration DR. ZULKIFLI HASAN
Law of Arbitration DR. ZULKIFLI HASAN Content Award Extension of time for making an award Enforcement of Award Award AA 1952 and UNCITRAL Model Law do not ascribe any meaning to the term award. S-1: A
More informationJurisdictional Issues Relating to Challenges and the New York Convention Fictions, Failures and Finality a Choice of Remedies
25 Jurisdictional Issues Relating to Challenges and the New York Convention Fictions, Failures and Finality a Choice of Remedies by Hilary Heilbron Q.C.* ABSTRACT The Article examines the option of a party
More informationArbitral tribunals; Decisions; Dispute adjudication boards; Enforcement; FIDIC forms of contract; Jurisdiction; Singapore
An Excellent Decision From Singapore Which Should Enhance the Enforceability of Decisions of Dispute Adjudication Boards the Second Persero Case before the Court of Appeal Christopher R Seppälä * Arbitral
More informationTHE GRANTING OF MAREVA INJUNCTIONS IN SUPPORT OF FOREIGN COURT PROCEEDINGS
(2016) 28 SAcLJ 503 (Published on e-first 14 April 2016) THE GRANTING OF MAREVA INJUNCTIONS IN SUPPORT OF FOREIGN COURT PROCEEDINGS In an increasingly interconnected and borderless world, Mareva injunctions
More informationI TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE CIV [2017] NZHC UNDER the Insolvency Act 2006 PRESCOTT
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE CIV-2017-404-1097 [2017] NZHC 2701 UNDER the Insolvency Act 2006 IN THE MATTER OF BETWEEN AND the bankruptcy
More informationAPPENDIX 21 RESIDUAL SECURITIES TRUST DEED
APPENDIX 21 RESIDUAL SECURITIES TRUST DEED - 144 - FORM OF RESIDUAL SECURITIES TRUST DEED THIS DEED OF TRUST (this Deed ) is made by way of deed poll on [ ] by: (1) EXETER GROUP LIMITED (d/b/a/ LYNCHPIN
More informationCircular on the Agreement regarding Cooperation and Joint Consultation Committees in the State (For all Ministries and Agencies, etc.
Circular on the Agreement regarding Cooperation and Joint Consultation Committees in the State (For all Ministries and Agencies, etc.) General notes The Ministry of Finance and the Association of Danish
More informationFamily Law Arbitration Group
Family Law Arbitration Group FORM A AGREEMENT TO ARBITRATE 1. First Party 2. Second Party Name of First Party Name of Second Party Address Address Contact tel no Contact tel no First Party s Agent Second
More informationIslamic Republic of Pakistan (ICSID Case No. ARB/01/13) Procedural Order No. 2
SGS Société Générale de Surveillance S.A. v. Islamic Republic of Pakistan (ICSID Case No. ARB/01/13) Procedural Order No. 2 Introduction In this Procedural Order, the Tribunal addresses the request of
More informationPRINCIPLES OF EUROPEAN CONTRACT LAW
25 May 2002 PRINCIPLES OF EUROPEAN CONTRACT LAW TEXT OF ARTICLES IN PART 3 IN ENGLISH 1 ENGLISH TEXT CHAPTER 10 Plurality of parties Section 1: Plurality of debtors ARTICLE 10:101: SOLIDARY, SEPARATE AND
More informationThe names and identifying details of the parties in this decision have been changed.
LCRO 54/2014 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of [Area] Standards Committee BETWEEN CR Applicant AND
More informationA guide to civil litigation and arbitration in Hong Kong, from a Mainland perspective
A guide to litigation and arbitration in Hong Kong October 12014 A guide to civil litigation and arbitration in Hong Kong, from a Mainland perspective 1. Brief description of the civil litigation process
More informationKey International Arbitration Rules
3 AKIN GUMP STRAUSS HAUER & FELD Location New York with regional centres in Bahrain, Mexico City and Singapore Key USA Europe Far East Middle East California with international headquarters in London LCIA
More informationTOPIC 13 CIVIL REMEDIES. LTC Harms Japan 2017
TOPIC 13 CIVIL REMEDIES LTC Harms Japan 2017 SOURCES INTERNATIONAL: TRIPS NATIONAL Statute law: Copyright Act Trade Marks Act Patents Act Procedural law CIVIL REMEDIES Injunctions Interim injunctions Anton
More informationB I L L. wishes to enshrine the entitlement of all to the full range of human rights and fundamental freedoms, safeguarded by the rule of law;
Northern Ireland Bill of Rights 1 A B I L L TO Give further effect to rights and freedoms guaranteed under Schedule 1 to the Human Rights Act 1998, to protect and promote other rights arising out of the
More informationTHE ARBITRATION AND CONCILIATION (AMENDMENT) BILL, 2015
1 AS INTRODUCED IN LOK SABHA Bill No. 252 of 2015. THE ARBITRATION AND CONCILIATION (AMENDMENT) BILL, 2015 A BILL to amend the Arbitration and Conciliation Act, 1996. BE it enacted by Parliament in the
More informationARBITRATION IN FINLAND CHARACTERISTIC FEATURES CURRENTLY UNDER DISCUSSION. By Patrik Lindfors 1
ARBITRATION IN FINLAND CHARACTERISTIC FEATURES CURRENTLY UNDER DISCUSSION By Patrik Lindfors 1 Nordic Journal of Commercial Law issue 2003 #1 1 Patrik Lindfors is Attorney at law and Partner, heading Dispute
More informationLAW GOVERNING ARBITRATION HAS CLOSEST CONNECTION TO LAW OF THE SEAT - Joachim Delaney
Page 1 LAW GOVERNING ARBITRATION HAS CLOSEST CONNECTION TO LAW OF THE SEAT - Joachim Delaney The Court of Appeal has upheld the first instance decision in Sulamerica Cia Nacional de Seguros SA v Enesa
More informationTHE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS IN CYPRUS ANDREW DEMETRIOU LL.B (HONS), FCI.ARB BARRISTER AT LAW CHARTERED ARBITRATOR
ANDREW DEMETRIOU LL.B (HONS), FCI.ARB BARRISTER AT LAW CHARTERED ARBITRATOR PARTNER IOANNIDES DEMETRIOU LLC THE HISTORICAL CONTEXT OF THE ENFORCEMENT OF INTERNATIONAL ARBITRAL AWARDS Cyprus started to
More informationPART 1 THE CONVENTION, RELEVANT AUTHORITIES AND THE OVERARCHING OBJECTIVE
Children s Rights (Scotland) Bill An Act to give further effect in Scotland to the rights and obligations set out in the United Nations Convention on the Rights of the Child. PART 1 THE CONVENTION, RELEVANT
More informationIreland s New Commercial Court In Action A Briefing
Ireland s New Commercial Court In Action A Briefing The Commercial Court was set up in January 2004 as a division of the High Court. In this briefing we highlight key features of the Commercial Court and
More informationDIFC COURT LAW. DIFC LAW No.10 of 2004
------------------------------------------------------------------------------------------ DIFC COURT LAW DIFC LAW No.10 of 2004 ------------------------------------------------------------------------------------------
More informationARBITRAL AWARD HELD ENFORCEABLE DESPITE APPLICANT S FAILURE TO FILE EXPERT WITNESS STATEMENT
NOVEMBER 2014 1 ARBITRAL AWARD HELD ENFORCEABLE DESPITE APPLICANT S FAILURE TO FILE EXPERT WITNESS STATEMENT The Singapore High Court recently issued its decision in the case of Triulzi Cesare SRL v Xinyi
More informationINTERACTION between BRUSSELS I bis, ROME I AND ROME II
1 This project is co-financed by the European Union INTERACTION between BRUSSELS I bis, ROME I AND ROME II All three Regulations: No 593/2008 of the European Parliament and of the Council of 17 June 2008
More informationA DAB Decision between the Notice of Dissatisfaction and the Enforcement in ICC Arbitration
A DAB Decision between the Notice of Dissatisfaction and the Enforcement in ICC Arbitration Oana Soimulescu Partner, Soimulescu & Soltan, Bucharest 1 I. Introduction A lot has been said about the issue
More informationGUERNSEY STATUTORY INSTRUMENT 2009 No. 48. The Uncertificated Securities (Guernsey) Regulations, 2009 ARRANGEMENT OF REGULATIONS PART I INTRODUCTORY
1 GUERNSEY 1 GUERNSEY STATUTORY INSTRUMENT 2009 No. 48 The Uncertificated Securities (Guernsey) Regulations, 2009 Made Laid before the States Coming into operation 8t'1 September, 2009, 2009 3ofh November,
More informationSECTION 1 INTRODUCTORY RULES...
Preamble This Arbitration Procedure has been prepared by Engineers Ireland principally for use in disputes arising out of engineering work, and in particular construction Contracts. However its use is
More informationBERMUDA BERMUDA INTERNATIONAL CONCILIATION AND ARBITRATION ACT : 29
QUO FA T A F U E R N T BERMUDA BERMUDA INTERNATIONAL CONCILIATION AND ARBITRATION ACT 1993 1993 : 29 TABLE OF CONTENTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Short Title PART I PRELIMINARY
More informationGeneral Assembly. United Nations A/CN.9/SER.C/ABSTRACTS/109. Contents. United Nations Commission on International Trade Law * *
United Nations A/CN.9/SER.C/ABSTRACTS/109 General Assembly Distr.: General 7 June 2011 Original: English United Nations Commission on International Trade Law CASE LAW ON UNCITRAL TEXTS (CLOUT) Contents
More informationEnglish jurisdiction clauses should commercial parties change their approach?
Brexit legal consequences for commercial parties English jurisdiction clauses should commercial parties change their approach? February 2016 Issue in focus In our first Specialist paper on the legal consequences
More informationCOUR EUROPÉENNE DES DROITS DE L HOMME EUROPEAN COURT OF HUMAN RIGHTS FIFTH SECTION. CASE OF UKRAINE-TYUMEN v. UKRAINE. (Application no.
CONSEIL DE L EUROPE COUNCIL OF EUROPE COUR EUROPÉENNE DES DROITS DE L HOMME EUROPEAN COURT OF HUMAN RIGHTS FIFTH SECTION CASE OF UKRAINE-TYUMEN v. UKRAINE (Application no. 22603/02) JUDGMENT (merits) STRASBOURG
More informationIN THE MATTER OF AN ARBITRATION UNDER RULE K OF THE RULES OF THE BEFORE MR. CHARLES FLINT Q.C. SITTING AS A JOINTLY APPOINTED SOLE
IN THE MATTER OF AN ARBITRATION UNDER RULE K OF THE RULES OF THE FOOTBALL ASSOCIATION BEFORE MR. CHARLES FLINT Q.C. SITTING AS A JOINTLY APPOINTED SOLE ARBITRATOR B E T W E E N: ASTON VILLA F.C. LIMITED
More informationChapter 4 Drafting the Arbitration Agreement
Chapter 4 Drafting the Arbitration Agreement 4:1 Introduction 4:2 Initial Questions 4:3 Checklists 4:3.1 Checklist for Domestic Arbitrations 4:3.2 Checklist for International Arbitrations 4:4 Domestic
More informationDEFENCES TO ENFORCEMENT OF FOREIGN JUDGMENTS AND AWARDS IN ENGLAND
DEFENCES TO ENFORCEMENT OF FOREIGN JUDGMENTS AND AWARDS IN ENGLAND 1. Sovereign immunity as a defence to enforcement of foreign judgments and awards in England. Overview Sovereign immunity derives from
More informationIndependent Press Standards Organisation Arbitration Scheme Consultation Paper
Independent Press Standards Organisation Arbitration Scheme Consultation Paper A consultation regarding the implementation of an arbitration scheme to aid access to justice and reduce costs relating to
More informationHONG KONG (Updated January 2018)
Arbitration Guide IBA Arbitration Committee HONG KONG (Updated January 2018) Glenn Haley Haley Ho & Partners in Association with Berwin Leighton Paisner (HK) 25 th Floor, Dorset House Taikoo Place, 979
More informationCOMMENT. On the Decree on Access to the Administrative Documents of Public Authorities of Tunisia
COMMENT On the Decree on Access to the Administrative Documents of Public Authorities of Tunisia July 2011 ARTICLE 19 Free Word Centre 60 Farringdon Road London EC1R 3GA United Kingdom Tel +44 20 7324
More informationEffective Mechanisms for Challenging the Validity of Patents
Effective Mechanisms for Challenging the Validity of Patents Walter Holzer 1 S.G.D.G. Patents are granted with a presumption of validity. 2 A patent examiner simply cannot be aware of all facts and circumstances
More informationThe 2017 ICC Rules of Arbitration and the New ICC Expedited Procedure Provisions A View from Inside the Institution
2017 ISSUE 1 63 ICC PRACTICE AND PROCEDURE The 2017 ICC Rules of Arbitration and the New ICC Expedited Procedure Provisions A View from Inside the Institution José Ricardo Feris José Ricardo Feris is Deputy
More informationWIPO ARBITRATION AND MEDIATION CENTER
For more information contact the: World Intellectual Property Organization (WIPO) Arbitration and Mediation Center Address: 34, chemin des Colombettes P.O. Box 18 CH-1211 Geneva 20 Switzerland WIPO ARBITRATION
More informationAgent s Failed Attempt To Rank Its Expenses As Sheriff s Expenses In Ship Arrests
Agent s Failed Attempt To Rank Its Expenses As Sheriff s Expenses In Ship Arrests Introduction Ship arrests are vital in providing security in admiralty actions. However, even when the vessel is eventually
More informationSingapore High Court Decides on Set-Offs and Costs Implications
Dispute Resolution Singapore High Court Decides on Set-Offs and Costs Implications Introduction In a commercial dispute, it is not uncommon for there to be both claims and counterclaims between the same
More informationHow widespread is its use in competition cases and in what type of disputes is it used? Euro-defence and/or claim for damages?
IBA PRIVATE ENFORCEMENT - ARBITRATION (i) Role of arbitration in the enforcement of EC competition law Commercial contracts frequently refer disputes to be determined and settled by arbitration. This is
More informationExecutive summary and overview of the national report for Malta
Executive summary and overview of the national report for Malta Section I Summary of findings The private enforcement of competition rules through actions for damages by third parties harmed by anticompetitive
More informationPHARMAC s implementation of Trans-Pacific Partnership (TPP) provisions and other amendments to application processes September 2016 Appendix two
Appendix 2: Annex 26-A (Transparency and Procedural Fairness for Pharmaceutical Products and Medical Devices) to Chapter 26 (Transparency and Anti-Corruption) of the Trans-Pacific Partnership Agreement.
More informationDevelopments in Construction Law in Singapore (2014)
Developments in Construction Law in Singapore (2014) Ho Chien Mien Partner Litigation and Dispute Resolution 20 January 2015 1 H P Construction & Engineering Pte Ltd v Chin Ivan [2014] SGHC 137 Architect
More informationLABOUR RELATIONS AMENDMENT BILL
REPUBLIC OF SOUTH AFRICA LABOUR RELATIONS AMENDMENT BILL (As proposed by the Portfolio Committee on Labour (National Assembly)) (The English text is the offıcial text of the Bill) (MINISTER OF LABOUR)
More informationDisability Discrimination Act CHAPTER 13 CONTENTS. Go to Preamble. Public authorities
Disability Discrimination Act 2005 2005 CHAPTER 13 CONTENTS Go to Preamble Public authorities 1. Councillors and members of the Greater London Authority 2. Discrimination by public authorities 3. Duties
More informationVOLUME 1 ISSUE 2 IJJSR ISSN
A STUDY ON BREACH OF CONTRACT AND ITS REMEDIES By Chitra C From Saveetha School of Law, Saveetha University, Chennai ABSTRACT This Research focuses on Breach of Contract and its types and also diverse
More informationClient Update August 2009
Highlights Introduction...1 Brief Facts...1 Issue...2 Ruling Of The Court...2 Concluding Words...7 When Is An Innocent Party Entitled To Terminate A Contract? Introduction It is often not difficult deciding
More informationDecision of the Dispute Resolution Chamber
Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 9 January 2009, in the following composition: Slim Aloulou (Tunisia), Chairman Theo van Seggelen (The Netherlands), member Carlos
More informationPRIVATE INTERNATIONAL LAW IN THE SINGAPORE COURTS
(2007) 11 SYBIL 325 331 2007 Singapore Year Book of International Law and Contributors PRIVATE INTERNATIONAL LAW IN THE SINGAPORE COURTS by JOEL LEE In this fourth annual survey of conflict of laws cases
More information