Alternative dispute resolution has been long recognised and practiced in Indonesia. The promulgation of the Indonesian Arbitration Law has encouraged the business community to increase the use of arbitration over other dispute resolution options.
As the famous maxim goes, justice delayed is justice denied. Here, we take a look at some issues with remote arbitration, and what steps the following six major arbitral institutions are taking to carry on despite the COVID-19 pandemic.
Authored Publication – Our firm contributes an article titled “Malaysia: Federal Court Clarifies Limits of the Arbitration Act” to The Asia-Pacific Arbitration Review 2021, a Global Arbitration Review special report. The article explains the legal framework for arbitration in Malaysia.
The law of anti-suit injunctions has been the subject of much discussion before the courts. As a discretionary form of relief, the court may take into account the relevant factors in deciding whether to grant an anti-suit injunction.
In the dispute resolution process, the enforcement of an arbitral award or a judgment of court is often one of the more daunting challenges. It may be difficult in certain situations to obtain information regarding the counterparty’s assets so as to plan for a strategy of enforcement.
At the height of the Coronavirus crisis in March 2020, the Indonesian National Arbitration Board (or BANI) issued Decree No. 20.007/III/SK-BANI/HU to temporarily suspend all arbitration proceedings in BANI in an effort to contain the outbreak.
Commercial contracts are sometimes drafted with dispute resolution clauses that require parties to resolve the dispute by way of arbitration. Despite agreeing to an arbitration clause, a creditor company may attempt to proceed with litigation instead.
In the course of a commercial dispute, there are often issues regarding the proper forum for dispute resolution. Parties may disagree over which court has jurisdiction over the dispute, or whether the dispute should be submitted to arbitration or litigation. Anti-suit injunctions are thus vital to prevent concurrent proceedings in multiple forums.
Resisting the recognition and enforcement of an arbitral award can be a challenging endeavour. There are limited grounds on which enforcement can be opposed, and the courts have thus far taken a pro-arbitration position of non-interference.
A court order granting an extension of time for commencing arbitration proceedings is less than common. In Times Trading Corporation v National Bank of Fujairah (Dubai Branch) [2020] EWHC 1983 (Comm), the English High Court allowed an application for such an extension.
The Singapore International Commercial Court (“SICC”) has issued its first judgment dealing with arbitration proceedings. In BXS v BXT [2019] SGHC(I) 10, SICC faced an application to set aside an arbitral award although the three-month time limit for such application had expired.
Following service of a statutory demand, if no payment is received, a claimant can ordinarily commence winding-up proceedings against the respondent. However, if the debt is disputed and falls within the scope of an arbitration clause, the court ought rightly to grant an injunction to restrain winding-up proceedings.
Please contact the editorial team at arbitrationasia@rajahtannasia.com.
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