Where a beneficiary fails to appreciate the distinction between its substantive dispute under the underlying contract and the separate issue of its right to be paid under an unconditional on-demand bond, it risks inadvertently turning its unconditional bond into a conditional bond.
Over the past decades, India has seen arbitration grow in prominence as a preferred dispute resolution mechanism. Where the Government of India is party to a dispute, however, the advantages of arbitration have not always materialised.
Authored Publication: The fair and equitable treatment (FET) standard remains one of the key protections relied on by investors in investment disputes, but is often left undefined.
Alternative dispute resolution (ADR) has become an important way to resolve various types of disputes outside of the court system in Cambodia.
In a landmark decision, the Supreme People’s Court of Vietnam, the country’s apex court, recognised and enforced an arbitral award issued under the 2017 ICC Rules.
When seeking to resolve a dispute, parties generally aim for a full and final resolution to the dispute. In arbitration, this takes the form of a final arbitral award.
In DGE v DGF [2024] SGHC 107, the claimant DGE advanced eight grounds for setting aside an arbitral award in the defendant DGF’s favour, that the photovoltaic modules (solar panels) supplied by DGE were inherently defective.
The facts of DDI v DDJ [2024] SGHC 68 are eye-catching, involving jewellery of uncertain origins, celebrities of uncertain bankability, and a billionaire uncle of uncertain existence. However, DDI poses a serious question …
In general, only the parties to an arbitration may participate in proceedings to enforce the resulting arbitral award. Are there exceptions to this?
The High Court at Kuala Lumpur, in the first-ever decision of its kind, recognised a foreign award made by an arbitral tribunal under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention).
As part of its efforts to manage the increasing caseloads of the Myanmar Courts, the Supreme Court of the Republic of the Union of Myanmar (USC) introduced a court-led mediation programme in March 2019.
The Asian International Arbitration Centre (“AIAC”) regularly revises its arbitration rules to keep up-to-date with modern arbitration practice.
Please contact the editorial team at arbitrationasia@rajahtannasia.com.
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