The Hong Kong International Arbitration Centre ("HKIAC") has released its 2024 Administered Arbitration Rules ("2024 Rules"). The 2024 Rules focus on improving the time- and cost-efficiency of the HKIAC arbitral process, and...more
The Development: After an interruption during the COVID-19 pandemic, authorities across the Asia-Pacific region have fully revived dawn raids....more
6/7/2024
/ Anti-Bribery ,
Antitrust Violations ,
Asia Pacific ,
China ,
Corporate Counsel ,
Corruption ,
Criminal Investigations ,
Dawn Raids ,
Enforcement Actions ,
Enforcement Authority ,
Financial Markets ,
Global Disputes ,
Investigations ,
Penalties ,
Popular ,
White Collar Crimes
The Indian Supreme Court invokes curative jurisdiction to set aside US$960 million award to avoid a "grave miscarriage of justice," seven years after the award creditor received a favorable award in India and three years...more
In Neal v. Nadir [2024] DIFC A 001, the Dubai International Finance Centre ("DIFC") Court of Appeal held that provisional arbitration awards issued by tribunals seated outside the DIFC are enforceable within the DIFC. The...more
Established in 2015 as a trusted neutral forum to meet increasing demand for effective transnational dispute resolution, the Singapore International Commercial Court (the “SICC”) is a division of the General Division of the...more
3/29/2024
/ Arbitration ,
Arbitration Agreements ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Disclosure Requirements ,
Federal Rules of Bankruptcy Procedure ,
Restructuring
As business and investment activity in Asia surge, multinational corporations operating in the region face continually evolving and challenging compliance obligations and risks. Jones Day lawyers Lillian He, Hiromitsu...more
A recent Singapore International Commercial Court ("SICC") decision considered the extent to which an arbitral tribunal can exclude evidence after a specified date.
It is often said that arbitral tribunals are the masters...more
The Court of Appeal has confirmed that, subject to any agreement to the contrary, the failure to comply with pre-conditions to arbitration goes to the admissibility of a claim and should be determined by the arbitral...more
Features of the New CFA Framework -
From 4 May 2022, lawyers in Singapore can enter into CFAs with clients for international and domestic arbitration proceedings (including arbitrations conducted under the SIAC rules) and...more
Background of the Pilot Measure The mechanism set out in "The Supreme People's Court's Opinion on Taking Forward a Pilot Measure in relation to the Recognition of and Assistance to Insolvency Proceedings in the Hong Kong...more
On 9 February 2021, the HKIAC reported in the HKIAC Releases Statistics for 2020 that since the Interim Measures Arrangement entered into force on 1 October 2019, the HKIAC has processed 37 applications for interim measures...more
The Situation: In line with other UNCITRAL Model Law jurisdictions, in Australia, the grounds on which to challenge the outcome of a commercial arbitration are narrowly circumscribed. Having chosen to resolve their disputes...more
While tribunals in Singapore enjoy wide discretion in managing procedural and evidentiary matters in arbitrations, that discretion is not unfettered and does not necessarily allow a tribunal to deny parties the right to...more
2020 witnessed a flurry of anti-money laundering activity, with the issues and developments continuing to be global in scope. In the United States, suspicious activity reports, outlining transactions involving terrorism...more
The 2021 ICC Rules, which will enter into force on January 1, 2021, include a new requirement for disclosure of third-party funding arrangements.
On October 8, 2020, the International Chamber of Commerce ("ICC") announced...more
10/30/2020
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Conflicts of Interest ,
Disclosure Requirements ,
Hong Kong ,
Hong Kong International Arbitration Centre (HKIAC) ,
ICSID ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
New Rules ,
Third Party Funding
The winding-up process in Singapore is no longer available in respect of debt claims that are subject to a valid arbitration clause, except in extremely limited circumstances.
On April 7, 2020, the Singapore Court of...more
The Situation: On August 7, 2019, the United Nations Convention on International Settlement Agreements resulting from Mediation ("Mediation Convention") was signed by 46 states. Notably, the European Union and the United...more
The Singapore International Mediation Centre and the China Council for the Promotion of International Trade will jointly develop rules and procedures for disputes related to China's Belt and Road Initiative projects.
On...more
The Situation: On June 26, 2018, the United Nations ("UN") Commission on International Trade Law approved the final draft of the Singapore Mediation Convention ("Convention"), the significance of which was discussed in a...more
The Situation: A group of South African mining investors attempted to revive an investment treaty award by which the Kingdom of Lesotho was held liable for its role in disbanding the Tribunal of the Southern African...more
The Situation: A bank owner and an investor entered into an agreement in which the investor would provide the funds necessary for a merger of two banking entities in return for a minority interest in the acquired bank.
The...more
The updated rules should make the arbitration process in Hong Kong more time-efficient and cost-effective.
The Hong Kong International Arbitration Centre ("HKIAC") has launched a new version of its administered arbitration...more
The Situation: In a recent application to set aside a Singapore arbitral award, the Singapore High Court considered whether a tribunal could order one of the parties to disclose certain documents only to the other party's...more
7/3/2018
/ AEO ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Arbitration Procedural Rules ,
Arbitrators ,
Confidential Information ,
Cross-Border ,
Disclosure ,
Foreign Arbitration Clauses ,
International Arbitration ,
Singapore ,
UNCITRAL
The Kuala Lumpur Regional Centre for Arbitration ("KLRCA") has officially changed its name to the Asian International Arbitration Centre ("AIAC"). The name change was formally announced on February 7, 2018, during a signing...more
Background: Fédération Internationale Des Ingénieurs-Conseils ("FIDIC")'s Red (Construction), Yellow (Plant and Design and Build) and Silver (EPC) Books ("Rainbow Suite of Contracts") are widely used on major construction and...more