Arbitral institutions and rules are increasingly adapting their procedures to reflect how parties actually communicate in this digital age. The Hong Kong Arbitration Society (HKAS) Online Arbitration Rules are a prime example. They expressly provide that written communications, including a Notice of Arbitration, may be transmitted electronically – whether by e-mail, SMS, instant messaging, or […]
Singapore Arbitration
Arbitration and Winding Up: Diverging Approaches
Winding up is “[a] type of external administration (also referred to as liquidation) in which a liquidator is appointed to a company to take control of the company and its property, and wind up its affairs in an orderly way for the benefit of creditors”.[1] This process can be initiated voluntarily by a company’s shareholders or […]
Waiver of the Right to Arbitrate
In commercial disputes, parties often choose arbitration as an alternative method of resolving their disputes outside of traditional court proceedings. Despite the existence of an arbitration agreement, it is widely accepted that a party’s right to arbitrate may be waived by either an explicit contractual provision or its subsequent conduct. The courts have taken different […]
Enforcement of Arbitration Award Rendered in Favour of Non-Existent Company Rejected
A Singapore local court recently prevented the enforcement of an arbitration award rendered in favour what was determined to be a non-existent company, underlining the importance of the continuity of legal persons in international arbitration.[1] The application before the Singapore local court involved National Oilwell Varco Norway AS (formerly known as Hydralift AS) as the […]
Aceris Law’s Client Awarded USD 8.2 Million in SIAC Arbitration under Singapore Law
Aceris Law is pleased to announce that it has assisted another client in succeeding upon its claims, in a decisive manner, in a SIAC arbitration taking place under Singapore law against the subsidiary of a large, publicly-listed company. The dispute, which had its seat in Singapore, concerned, inter alia, variation claims and claims for prolongation […]
The SIAC Arbitration Clause
The Singapore International Arbitration Centre or SIAC is one of the fastest growing arbitral institutions in the world with 452 new cases received in 2017. The parties to a contract may agree to refer their disputes to arbitration in accordance with the SIAC Arbitration Rules. By doing so, the parties agree that their disputes will be resolved by arbitration and […]
International Arbitration in Singapore
Arbitration in Singapore has been developing in line with Singapore becoming a financial and legal hub and one of the major centres for international arbitration in Asia and in the world. Arbitration is governed by two separate legal regimes. Domestic arbitration is governed by Arbitration Act (Cap. 10) 2002 (“Arbitration Act”), while international arbitration is […]
The Singapore International Arbitration Centre (“SIAC”)
The Singapore International Arbitration Centre, or SIAC, is a leading arbitration institution that provides a neutral and independent dispute resolution platform to businesses around the world and especially those involved in business in Asia. The SIAC’s main mission is to provide arbitration case management services to parties involved in arbitration proceedings from all over the […]
Third Party Funding and International Arbitration in Singapore
On 10 January 2017 the Singapore Parliament passed the Civil law Bill (Bill No. 38/2016) legalizing third party funding in international arbitration and related proceedings in Singapore. The Bill entered into force on 1 March 2017 and is one of the first statutes in the world specifically adopted in relation to third party funding. Third […]
