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).
Despite ongoing demands for the revision of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, no amendments have been made so far.
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 …
One of the notable features of arbitration is the finality and enforceability of arbitral awards. This means that an award is binding on the parties and can be enforced in the courts of any country that is a signatory to …
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 …
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.
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.
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.
Please contact the editorial team at arbitrationasia@rajahtannasia.com.
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