On January 12, 2023, the Singapore International Commercial Court (“SICC”) launched a model clause (“SICC Model Jurisdiction Clause”) to assist parties that wish to designate the SICC as the court having supervisory...more
On December 16, 2022, Hong Kong’s new regime permitting outcome related fee structures (“ORFS”) in arbitration and arbitration-related court proceedings came into force. This follows a recommendation for change by the Law...more
In Anupam Mittal v Westbridge Ventures II Investment Holdings, [2023] SGCA 1, the Singapore Court of Appeal (“SGCA”) held that the law governing the arbitration agreement governs arbitrability at the pre-award stage, and...more
On December 7, 2020, Servotronics, Inc. filed a petition for writ of certiorari asking the United States Supreme Court to decide whether parties may seek discovery in the United States for use in commercial arbitration...more
A recent decision by the U.S. Court of Appeals for the Seventh Circuit widens an existing circuit court split regarding whether parties may seek discovery in the United States for use in commercial arbitration proceedings...more
On September 1, 2020, Singapore’s Ministry of Law introduced an International Arbitration (Amendment) Bill (the “Bill”) that proposes two changes to the International Arbitration Act (“IAA”), which governs the conduct of...more
On 11 August 2020, the London Court of International Arbitration (the LCIA) published its long-awaited updates to its Arbitration Rules and Mediation Rules (the New Rules). The updates, which the president of the LCIA said...more
8/19/2020
/ Arbitration ,
Emergency Arbitration Provisions ,
Expedited Actions Process ,
Hong Kong International Arbitration Centre (HKIAC) ,
International Arbitration ,
LCIA ,
Mediation ,
New Rules ,
Remote Hearings ,
SCC ,
SIAC
Parties to arbitrations seated outside the United States occasionally request that U.S. federal courts order discovery under 28 U.S.C. § 1782 (“Section 1782”), which allows discovery in the United States for use in a...more
An important question in international arbitration is whether courts in the United States can order discovery in aid of foreign-seated arbitrations under 28 U.S.C. § 1782 (“Section 1782”). The law in this area is quickly...more
In the United States, some jurisdictions permit discovery using 28 U.S.C. § 1782 (“Section 1782”) in support of private commercial arbitrations seated outside the United States, and some do not. Notably, the Second Circuit...more
CICC ISSUES FIRST RULINGS, AFFIRMS DOCTRINE OF SEPARABILITY -
In October 2019, the PRC Supreme People’s Court published the first rulings issued by the First International Commercial Court (“CICC”). The three rulings,...more
The content first appeared on Global Arbitration Review.
Shanghai is to allow foreign arbitral institutions to register in a free trade zone and administer “foreign-related” arbitrations seated in mainland China. Craig...more
Singapore Passes Amendment Bill on Recognition of Foreign Judgments -
On September 2, 2019, Singapore’s Parliament passed the Reciprocal Enforcement of Foreign Judgments (Amendment) Bill and the Reciprocal Enforcement of...more
On September 19, 2019, the United States Court of Appeals for the Sixth Circuit, for the first time, ruled that 28 U.S.C. § 1782 (“Section 1782”) permits U.S. discovery in support of a private international commercial...more
Hong Kong Court Addresses Interplay Between Arbitration and Insolvency -
On August 2, 2019, the Hong Kong Court of Final Appeal addressed the interplay between arbitration and the court’s insolvency jurisdiction in its...more
On September 26, 2019, the Supreme People’s Court announced that a previously announced arrangement between Hong Kong and Mainland China on interim measures in aid of arbitration will take effect from October 1, 2019 (the...more
At present, conditional fee agreements (CFAs) are prohibited under Singapore law, putting Singapore at a disadvantage compared to some other major arbitral seats, such as London. On August 27, 2019, Singapore’s Ministry of...more
In an interesting May 2019 judgment, the English High Court in P v. D [2019] EWHC 1277 (Comm) set aside an arbitral award in a London-seated international commercial arbitration on the basis that the tribunal had based its...more
On July 1, 2019, in Jaya Sudhir a/l Jayaram v Nautical Supreme Sdn Bhd & Ors (Federal Court Civil Appeal No. 02(i)-83-09/2018(W)) (“Jaya Sudhir Jayaram”), the Federal Court of Malaysia granted an application by a non-party to...more
On August 7, 2019, forty-six nations signed the Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”) in Singapore. Negotiated and agreed under the auspices of the United...more
On 6 August 2019, the State Council of the People’s Republic of China (the “PRC”) issued a plan for the New Lingang Area of the Shanghai Pilot Free Trade Zone (the “FTZ Plan”), which seeks to match standards in the New...more
On July 2, 2019, the delegates of the 22nd Diplomatic Session of the Hague Conference on Private International Law (“HCCH”) finalized and adopted a new multilateral treaty, the 2019 Convention on the Recognition and...more
On July 1, 2019, the Singapore High Court handed down its anonymized decision in BNA v BNB [2019] SGHC 142 (“BNA”). The case involved an application under section 10(3) of Singapore’s International Arbitration Act (“IAA”)...more
On June 26, 2019, Singapore’s Ministry of Law (the “Ministry”) published a consultation paper seeking comments from the public on six proposals for amendments to Singapore’s International Arbitration Act (“IAA”), which...more
On March 9, 2018, the Asian International Arbitration Centre (AIAC) unveiled its 2018 Arbitration Rules, which became effective immediately. The new rules update and replace those issued in June 2017, before the AIAC changed...more