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Yi-Jun Kang (Morrison & Foerster LLP) for YSIAC
YSIAC Conference Recap: How to Win an Arbitration
November 20, 2019

The Young SIAC ("YSIAC") Conference 2019 took place earlier today in Singapore, attracting young arbitration practitioners from all across the globe. The theme of the 2019 Conference was "Arbitration…

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Samuel Koh (Drew & Napier LLC) for YSIAC
A Critical Review of the Singapore High Court’s Determination of the Proper Law of the Arbitration Agreement in BNA v BNB
September 20, 2019

When a party seeks to challenge the jurisdiction of the arbitral tribunal on the basis of the substantive invalidity of the arbitration agreement, the proper law of the arbitration agreement governs…

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Raghav Kohli (Gujarat National Law University) for Young ICCA
Taking a Second Bite of the Cherry: When is it Appropriate to Remit an Award Instead of Setting it Aside in Singapore?
March 17, 2019

Much ink has been spilt on the legal consequences of remitting an award back to an arbitral tribunal vis-à-vis setting it aside. The Singapore Court of Appeal in the seminal decision of AKN v. ALC […

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Andrew Pullen (Fountain Court Chambers)
When is Commencement of Court Proceedings a Repudiatory Breach of an Arbitration Agreement?
February 13, 2019

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…

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Darius Chan (Norton Rose Fulbright) for YSIAC
Three ‘Pitfalls’ for the Unwary: Third-Party Funding in Asia
December 15, 2018

Part I For some time practitioners would have seen news alerts headlining that third-party funding is now permitted in Singapore and Hong Kong for arbitration and arbitration-related court…

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Derric Yeoh (Schellenberg Wittmer ) for YSIAC
Marty Ltd v Hualon Corporation (Malaysia) Sdn Bhd: A Commentary on Its Significance for Arbitration in Singapore
December 15, 2018

Introduction On 10 October 2018, the Singapore Court of Appeal ("Court of Appeal") issued its decision on the case of Marty Ltd v Hualon Corporation (Malaysia) Sdn Bhd [2018] SGCA 63 ("Marty v Hualon…

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Maximilian Clasmeier (White & Case LLP)
Singapore High Court Upholds Multi-Million Dollar ICC Award Relating To A Power Plant Project In Guatemala
November 06, 2018

On 26 April 2018, the Singapore High Court (“Court”), in China Machine New Energy Corp v Jaguar Energy Guatemala LLC and another [2018] – SGHC 101, has upheld an ICC award of a truly international…

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Ramandeep Kaur (Joseph Tan Jude Benny LLP) for YSIAC
Can Directors Rely on their Companies’ Arbitration Agreements?
September 21, 2018

Joint venture agreements increasingly provide for arbitration, allowing the JV partners to resolve matters privately.  Where a director of a JV company (or JV partners) is sued in his capacity as a…

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Darius Chan (Norton Rose Fulbright) for YSIAC
Is Article 16(3) of the Model Law A ‘One-Shot Remedy’ for Non-Participating Respondents in International Arbitrations?
September 05, 2018

It is not uncommon for practitioners acting for claimants in an arbitration to encounter a respondent who chooses to boycott the arbitral process.  In cases involving such ‘non-participating’…

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Danna Er, Annia Hsu, Lavan Vickneson (Eldan Law LLP)
The Choice of Remedies Doctrine – a Jack-In-The-Box?
July 23, 2018

Introduction The case of Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services (Private) Limited [2018] SGHC 78 ("Rakna Arakshaka") was a timely opportunity for the Singapore High Court (“SGHC”)…

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