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.
On 14 November 2019, the People’s Court of Hanoi passed Decision 11/2019/QD-PQTT to set aside an arbitral award under Vietnam’s Law on Commercial Arbitration 2010. The setting aside was based on three grounds.
Authored Publication – Our firm contributes an article titled “The Rise of Arbitration in the Asia-Pacific” to The Asia-Pacific Arbitration Review 2021, a Global Arbitration Review special report. Arbitration’s popularity in Asia can be explained by a multiple factors, including growth in the region …
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.
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.
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.
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.
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