Witness evidence can be decisive in international arbitration. Tribunals regularly rely on company representatives, employees, experts and other witnesses to determine what happened and, in many cases, to determine how much loss was suffered. But what happens when a witness deliberately lies? The consequences can extend well beyond the loss of credibility. Depending on the […]
Singapore Arbitration
Transnational Issue Estoppel in International Arbitration: Can It Prevent Re-Litigation at the Enforcement Stage?
International arbitration is valued for delivering final, binding, and enforceable awards, but that finality is threatened when losing parties seek to re-litigate the same objections across multiple jurisdictions. A party may challenge an award at the seat and fail. It may then attempt to resist enforcement elsewhere by recasting the same arguments. This is where […]
Singapore SICC Rejects Attempt to Set Aside Costs Award Denying Third-Party Funding Costs
In DTH v DTF [2026] SGHC(I) 5, the Singapore International Commercial Court (“SICC”) dismissed an application by successful arbitral claimants to set aside or remit the costs portion of a Singapore-seated arbitral award. The applicants had won the merits phase of the arbitration but failed before the arbitral majority to recover their third-party funding costs […]
Singapore’s High Court Rejects Spain’s State Immunity Defence (NextEra Energy v Spain [2026] SGHC 43)
In NextEra Energy Global Holdings B.V. and NextEra Energy Spain Holdings B.V. v Kingdom of Spain [2026] SGHC 43 (“NextEra v Spain”), the High Court of Singapore held that Spain was not entitled to state immunity in proceedings to register and enforce an award rendered under the Convention on the Settlement of Investment Disputes between […]
Notice of Arbitration by SMS: Efficiency vs. Fairness
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 […]
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 […]
