In April 2010, Professor Jan Paulsson delivered his inaugural lecture as holder of the Michael R. Klein Distinguished Scholar Chair at the University of Miami School of Law where he expressed the…
The ability of a party to obtain urgent interim relief is central to the efficacy of any method of dispute resolution. In case of disputes that are subject to an arbitration agreement, until recently…
In K.V.C. Rice Intertrade Co Ltd v Asian Mineral Resources Pte Ltd [2017] SGHC 32, the Singapore High Court enforced so-called “bare” arbitration clauses, i.e., clauses that specify neither the place…
In TMT Co Ltd v The Royal Bank of Scotland plc [2017] SGHC 21, the Singapore High Court took the view that an arbitration clause did not meet the prima facie standard to warrant a stay of court…
Arbitration is a creature of contract, and hence one may say that any claim or dispute submitted to arbitration must relate to a contract where the relevant arbitration clause is laid down. In…
Introduction
On 12 July 2016, a five-member arbitral tribunal (the Tribunal) constituted under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) issued its long-awaited award…
In a series of cases since 2008, the Singapore Court of Appeal (Singapore’s highest court) has been articulating the contours of a contextual approach to contractual interpretation. Under this…
A foundational principle of international commercial arbitration is that of party autonomy.
Article 19(1) of the UNCITRAL Model Law reflects this and states: “Subject to the provisions of this Law,…
Singapore’s highest court, the Court of Appeal (the “SGCA”), has held in Tomolugen Holdings Ltd and another v Silica Investors Ltd and other appeals [2015] 1 SLR 373, that:
• The prima facie standard…
