It has been five years since Myanmar enacted its Arbitration Law 2016 to begin its journey of modernising its legal framework to promote arbitration as a viable mode of alternative dispute resolution in Myanmar. Whilst important strides have been taken …
The advancement of third-party funding as an option in commercial disputes has been a closely watched development in Singapore. In a press release on 22 June 2021, the Ministry of Law announced that third-party funding will be extended to categories such as domestic arbitration …
In Republic of India v Vedanta Resources plc [2021] SGCA 50, the Court of Appeal considered whether a party in an arbitration, who puts a question of law to a tribunal, can put the same question before a Singapore court (as the seat court) by way of an application for declaratory relief?
In June 2020, the Beijing No. 4 Intermediate People’s Court granted a civil ruling which dismissed the application to set aside an arbitral award issued by the China International Economic and Trade Arbitration Commission (“CIETAC”).
Looking at the current trend in Indonesian arbitration practice, it is now more common for arbitrators to request the submission of affidavits of witnesses and experts prior to their examination in the hearing.
In Ken Grouting Sdn Bhd v RKT Nusantara Sdn Bhd and another appeal [2020] MLJU 1901, the Malaysian Court of Appeal dealt with the issue of an arbitrator’s failure to deliver the arbitral award within the specified timeline, and whether this resulted in a loss of the arbitrator’s jurisdictional mandate.
The National Commercial Arbitration Centre of Cambodia (“NCAC”) was established in 2006 with initial funding and assistance from the Asian Development Bank (“ADB”) and the International Financial Corporation (“IFC”), a member of the World Bank Group.
While litigation and arbitration stand as separate dispute resolution mechanisms, the court system often plays an important part in the arbitral process, especially in the enforcement of arbitral awards. However, what is the scope of relief that a court may grant in the enforcement of an award?
Authored Publication – Our firm contributes the Thailand chapter to the Lexology’s Getting the Deal Through series on Litigation Funding 2021. Third-party litigation funding has become increasingly popular in recent years. It involves the funding of a claimant’s legal proceedings …
In an arbitral award, the tribunal will ordinarily set out the grounds and reasons for its decision separately from its orders and reliefs. The part of the award in which the orders and reliefs are specifically enumerated is usually referred to as the dispositive portion of the award.
The Standing Committee of the People’s Congress of Shenzhen City has passed its new regulations on the Shenzhen Court of International Arbitration (“SCIA”) with effect from 1 October 2020. The new regulations reflect SCIA’s response to some long-standing issues of Chinese arbitral practice.
On 7 August 2019, the Philippines, through Department of Justice Secretary Menardo I. Guevarra, signed the “United Nations Convention on International Settlement Agreements Resulting from Mediation” (“Singapore Mediation Convention”). Domestic arbitral institutions such as the Philippine Dispute Resolution Center, Inc., have lauded …
Please contact the editorial team at arbitrationasia@rajahtannasia.com.
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