In BNA v BNB and another [2019] SGCA 84 (“BNA”), the Singapore Court of Appeal overturned the High Court’s ruling and provided authoritative guidance on the applicable principles in determining the…
Traditionally, arbitration agreements do not designate the law governing the arbitration agreement. In BCY v BCZ [2016] SGHC 249 ("BCY v. BCZ"), the Singapore High Court clarified the position in…
Under the Swedish law, when the parties failed to choose the applicable law, their arbitration agreement is governed by the law of the seat of the arbitration, provided that the parties have…
By Justin D'Agostino and Timothy Hughes, Herbert Smith Freehills
The Hong Kong International Arbitration Centre ("HKIAC") has amended its Model Clauses in order to include an optional provision that…
A judgment of the European Court of 17 October 2013 (C-184/12) honors gold plated provisions when considered mandatory. Member state courts are allowed to consider their national gold-plating (the…
The English Court of Appeal’s recent decision in Sulamerica CIA Nacional De Seguros SA v Enesa Engenharia SA [2012] EWCA Civ 638, which is discussed in a recent post by Guy Pendell, underscores an…
