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Philippines

Philippine Supreme Court Refuses Confirmation of Domestic Arbitral Award on Public Policy Grounds

Philippine courts are generally allowed to vacate or set aside an arbitral award issued in a domestic arbitration or an international commercial arbitration seated in the Philippines if …

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November 2023
Malaysia

From Arbitration to Court: Protecting Parties’ Identities

Court proceedings are subject to the principle of open justice. This principle allows the public to not only observe hearings and trials in court, but also to access court filings and obtain information such as the identities of parties.

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October 2023
Singapore

New Mechanisms, Shortened Timelines: SIAC Consults on Draft Seventh Edition of SIAC Rules

Since its establishment in 1991, the Singapore International Arbitration Centre (“SIAC”) has emerged as a leading global arbitration institution.

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September 2023
Regional

“The Rise of Arbitration in the Asia-Pacific Region” – Rajah & Tann Contributes to The Asia-Pacific Arbitration Review 2024

Our firm has contributed a chapter titled “The rise of arbitration in the Asia-Pacific region” to The Asia-Pacific Arbitration Review 2024, published by the Global Arbitration Review (GAR), a leading resource on international arbitration news.

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August 2023
Regional

Fair and Equitable Treatment in Investment Treaty Arbitration

Authored Publication – Our firm has contributed the “Fair and Equitable Treatment” chapter to the eight edition of The Investment Treaty Arbitration Review.

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August 2023
Singapore

Privacy and Confidentiality in the Enforcement of Arbitral Awards

As a general rule, court proceedings are subject to the principle of open justice. Departing from this principle by imposing a cloak of privacy on court proceedings is an exceptional measure taken only in certain circumstances…

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July 2023
Regional

Breach of Preconditions to an Arbitration Agreement: A Matter of Jurisdiction or Admissibility?

Multi-tier dispute resolution clauses have increased in prominence, providing for a practical approach to dispute resolution. These clauses typically call for parties to first engage in various forms of negotiation and/or mediation as a precondition to proceeding with arbitration or litigation.

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July 2023
Indonesia

Resolving Construction Disputes through Dispute Adjudication Boards under Indonesian Law

Dispute adjudication boards (“DAB”) are increasingly used to resolve disputes over international construction projects. Typically, DAB procedure is not prescribed by laws and/or regulations. However, laws and regulations on DAB procedure are often enacted where government procurement is concerned.

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May 2023
Malaysia

The Importance of Specificity in Selecting a Seat of Arbitration – Determining the Court of Exclusive Jurisdiction in the Malaysian Context

When drafting arbitration clauses, the selection of the seat is a crucial aspect. It establishes the applicable lex arbitri, as well as the court which would have supervisory jurisdiction over an arbitration.

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April 2023
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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.

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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.

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