A key feature of arbitration is that it offers parties the opportunity to have their dispute resolved in private. Even when arbitral proceedings spill over into court, there are implements to safeguard the parties’ privacy.
Where the Court has granted recognition of foreign insolvency proceedings against a company, an automatic stay and suspension of actions or proceedings against that company will arise. However, may a third party pursue an arbitration against the company?
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.
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?
Most jurisdictions worldwide uphold the concept of open justice, with court proceedings generally being conducted in public by default. Conversely, arbitral proceedings and associated documents are generally subject to the principle of confidentiality …
Please contact the editorial team at arbitrationasia@rajahtannasia.com.
© All Rights Reserved 2024
Rajah & Tann Asia is a network of member firms with local legal practices in Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam. Our Asian network also includes our regional office in China as well as regional desks focused on Brunei, Japan and South Asia. Member firms are independently constituted and regulated in accordance with relevant local requirements.
The contents of this website are owned by Rajah & Tann Asia together with each of its member firms and are subject to all relevant protection (including but not limited to copyright protection) under the laws of each of the countries where the member firm operates and, through international treaties, other countries. No part of this website may be reproduced, licensed, sold, published, transmitted, modified, adapted, publicly displayed, broadcast (including storage in any medium by electronic means whether or not transiently for any purpose save as permitted herein) without the prior written permission of Rajah & Tann Asia or its respective member firms.
Please note also that whilst the information on this website is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as legal advice or a substitute for specific professional advice for any particular course of action as such information may not suit your specific business and operational requirements. You should seek legal advice for your specific situation. In addition, the information on this website does not create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on the information on this website.