Can a party refuse to participate in an arbitration, and thereafter challenge the arbitral award on the ground that the arbitrator failed to consider a point which was not put in issue? The Singapore…
Say that Party B sues Parties A and C in a court in Jurisdiction X, notwithstanding an arbitration agreement between Parties A and B that covers “all disputes, controversies or claims arising out of…
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…
On 6 January 2023, the Singapore Court of Appeal (the SCA) passed a judgment in Anupam Mittal v Westbridge Ventures II that redefines existing notions of the law applicable to subject matter…
Issues relating to the arbitrability of disputes have gained increasing prominence in recent years. The question of which law ought to govern an arbitration agreement and concomitantly the inquiry as…
In CBS v CBP [2021] SGCA 4 the Singapore Court of Appeal upheld the High Court’s ruling in CBP v CBS [2020] SGHC 23, being a rare example of the Singapore Courts setting aside an award. The…
Art 16(3) of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”) provides that if a tribunal issues a preliminary ruling that it has jurisdiction, a respondent may appeal the…
In Marty Ltd v Hualon Corporation (Malaysia) Sdn Bhd [2018] SGCA 63, the Singapore Court of Appeal held that an arbitral tribunal had no jurisdiction because the claimant in the arbitration (“Hualon”…
Introduction
On 23 July 2018, this blog posted a commentary entitled “Choice of Remedies Doctrine – A Jack-In-The-Box?”
The commentary explored the Singapore High Court’s decision in Rakna Arakshaka…
