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…
Arbitration’s key strength lies in the near-universal enforcement of its arbitral awards. The 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”)…
On 7 October 2022, the High Court of the Republic of Singapore (“High Court”) delivered a landmark decision on the enforceability of foreign emergency arbitration awards in CVG v CVH. The High Court…
When determining what matters fall within the scope of submission to arbitration, five sources are relevant: the parties’ pleadings, the agreed list of issues, opening statements, evidence adduced,…
Ms Lucy Reed is a full-time arbitrator and a Visiting Professor at National University of Singapore. Previously, she was the Co-Head of Freshfields Bruckhaus Deringer’s Global International…
The distinction between jurisdiction and admissibility (the “Distinction”) has important consequences in international arbitration. Chief among these is the determination of the permissible extent of…
In 2021, Southeast Asia saw institutional progress, arbitration-related court decisions, and investment treaty developments. All in all, it was an eventful and, at times, surprising year for the…
This post examines the distinctive features and positive aspects of the maritime arbitration infrastructure of Singapore and South Korea while also exploring areas in which there is room for…
It is trite that an award may be set aside if there has been a breach of the rules of natural justice. This may arise from, among others, a tribunal’s procedural ruling. However, during the…
