In June 2020, we ran a survey of users’ experiences with remote hearings. Our preliminary findings, which we published in International Arbitration and the COVID-19 Revolution (edited by Maxi…
The grounding of the container carrier “EVER GIVEN” in the Suez Canal in March 2021 has been dubbed by some as “shipping’s 15 minutes of fame”. This post hitches its star to that wagon and considers…
On 5 May 2020, 23 Member States of the European Union (“EU”) signed an Agreement for the Termination of all Intra-EU Bilateral Investment Treaties (“Agreement”). Following ratification by the Kingdom…
In interpreting one of the most contested investment treaty protection standards – fair and equitable treatment – arbitral tribunals have increasingly referred to the necessity for an investor to…
Introduction
Rule 29 of the 2016 SIAC Rules (“SIAC Rules”) introduced a procedure for enabling an ‘early’ dismissal of claims and defences. Rule 29 is akin to summary judgment and striking out in…
This post examines the admissibility of investment claim assignments based on the notion of Investor-State arbitration where there is no contractual relationship between the disputing parties. To do…
2019 has seen a series of important arbitration-related developments for Australia, New Zealand and the Pacific. This post highlights selected key arbitration developments in these States from the…
A legal regime which asks the victim of a frivolous legal proceeding to subsidise the costs of the perpetrator is unjust and is bound to provide incentives for more frivolous proceedings. For a long…
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”)…