Arbitration Notes

Finality in arbitration: A tribunal's mandate terminates upon disposing of all issues in dispute, unless it expressly reserves its jurisdiction to reopen its award

An arbitrator ordered a party to pay certain sums to the counterparty if the counterparty proved sufficiently that it had incurred those expenses.  …

TERRAFORM NOT ON TERRA FIRMA - SINGAPORE COURT REFUSES TO STAY CRYPTO CLAIMS IN FAVOUR OF ARBITRATION

ARBITRAL DELIBERATIONS STAY SECRET DESPITE ALLEGATIONS TANTAMOUNT TO TRIBUNAL DISHONESTY

The Singapore International Commercial Court has refused to order disclosure of the deliberations of a three-member tribunal in a Singapore-seated ICC …

OVER-SHARING ON SOCIAL MEDIA LEADS TO LOSS OF ARBITRAL CONFIDENTIALITY IN SINGAPORE

The Singapore Court of Appeal has refused confidentiality orders in relation to arbitration enforcement proceedings because the confidentiality of the …

CONDITIONAL FEE AGREEMENTS NOW PERMITTED IN SINGAPORE

Lawyers in Singapore are now able to enter into Conditional Fee Agreements (CFAs) in selected proceedings, including arbitration and certain Singapore …

HERBERT SMITH FREEHILLS - SMU ASIAN ARBITRATION LECTURE: "WITNESSES AND WEBCAMS: THE PSYCHOLOGY OF WITNESS EVIDENCE IN A VIRTUAL WORLD

SINGAPORE TO ALLOW CONDITIONAL FEE ARRANGEMENTS

A TALE OF TWO BANIS – INDONESIAN SUPREME COURT'S LATEST RULING FINDS AGAINST THE CURRENT GOVERNING BOARD MEMBERS OF THE ORIGINAL BANI

SINGAPORE ARBITRATION UPDATE: A POTENTIAL CHANGE FOR 'OPT-IN' APPEALS FOR ERRORS OF LAW AND COURT CONFIRMATION OF THE CORRECT STANDARD TO BE MET TO RESTRAIN WINDING UP PROCEEDINGS WHERE A CLAIM IS SUBJECT TO ARBITRATION

Two recent developments in the Singapore arbitration landscape are of interest.  First, a written response from the Singapore Minister for Law …

Singapore court refuses set aside on the basis that the successful party in the arbitration did not call witnesses to give evidence and disclose certain documents

No U-Turns Ahead: Singapore Court of Appeal holds that commencement of court proceedings may lose you the right to later rely on arbitration agreements

In the recent landmark decision of Marty Ltd v Hualon Corp (Malaysia) Sdn Bhd [2018] SGCA 63, the Singapore Court of Appeal held that the commencement of …

Be on time to preserve your right to Active Remedies – the Singapore High Court considers a party's duty to apply promptly when challenging the jurisdiction of an arbitral tribunal

In Rakna Arakshaka Lanka Ltd ("RALL") v Avant Garde Maritime Services (Private) Limited ("AGMS") [2018] SGHC 78, the Singapore High Court dismissed an …