Building on Part I of this post, Part II explains the serious practical disfunctions that would derive from the adoption by Working Group V (“WG V”) at UNCITRAL of the current proposal to subject all…
Riding on the waves of the Singapore Convention Week and the IP Week @ Singapore, the Chartered Institute of Arbitrators (“CIArb”) and the Intellectual Property Office of Singapore (“IPOS”) co-hosted…
On the second day of Hong Kong Arbitration Week 2024, Mishcon de Reya in association with Karas So LLP hosted a panel discussion titled “Guarding the integrity of arbitration - Reflections on the…
On 7 August 2024, the High Court of Australia (“Court”) delivered judgment in the much-anticipated Tesseract International v Pascale Construction [2024] HCA 24 in which the Court held that…
The advantages of exclusive jurisdiction agreements (“EJAs”) are well known; chiefly, that of knowing where a party can sue and be sued. In Brazil, EJAs are widely used in both cross border…
On 12 July 2024, the Dutch Supreme Court (the “Supreme Court”) rendered its much anticipated decision on whether clauses providing for mediation as a procedural step before arbitration (or court…
The recent decision by the Bahrain Court of Cassation (“COC”) in Case No. 31 of 2023, issued on 8 January 2024 (“COC Judgment”), marks a significant development in the application of arbitration…
What happens when an arbitrator refuses to answer fundamental questions about their impartiality that only they can address? Questions like, "Have you received any promises or gifts from any of the…
The judgment of the Singapore Court of Appeal (“Court”) in Voltas Ltd v York International Pte Ltd [2024] SGCA 12 (“Voltas v York”) helpfully settles the question of whether or not an arbitrator is…
