Singapore Court of Appeal Sets Aside Investor State Treaty Arbitral Award

In Swissbourgh Diamond Mines (Pty) Limited & Ors v Kingdom of Lesotho [2018] SGCA 81 dated 27 November 2018, the Court of Appeal of Singapore addressed several novel and challenging issues of public international law and international investment. Detailed case analysis given below: Factual Matrix The case revolves around an investor-state dispute culminating from the…

Supreme Court of India: Whether the Consumer Disputes are non-arbitrable?

In M/S Emaar Mgf Land Limited vs Aftab Singh Civil Appeal Nos.23512-23513 of 2017 decided on 10 December 2018, the Supreme Court of India dealt with the issue of whether a remedy under the Indian Consumer Protection Act, 1986 (‘CPA’) being a special remedy can be initiated and continued despite there being any arbitration agreement…

Supreme Court of India: Whether the ‘Administrative Difficulties’ Could Be A Valid Reason for Condoning the Delay in Challenging a Domestic Award Beyond the Statutory Prescribed Period?

Section 5 of the Limitation Act, 1963 of India (‘Limitation Act’) enables the Court to admit an appeal or an application after the expiry of the prescribed period on ‘sufficient cause’ being shown for the delay. Further, Section 14 of the Limitation Act deals with ‘Exclusion of time of proceeding bona fide in court without…

Singapore High Court: Whether an Arbitration Agreement Contained in a Shareholders’ Agreement Extend to Disputes Arising Under the Articles of Association

In BTY v BUA and other matters[2018] SGHC 213, the Singapore High Court addressed the issue of whether an arbitration agreement contained in a shareholders’ agreement will extend to disputes arising between the same parties under the articles of association of the Company. The High Court, placing reliance on foreign and local judgements, refused to…

Supreme Court of India: How to Ascertain Whether a Contract’s Chosen Form of Dispute Resolution is Expert Determination or Arbitration?

In South Delhi Municipal Corporation vs. SMS AAMW Tollways Private Ltd., 2018 SCC OnLine SC 2523, the Supreme Court of India decided the issue of whether a clause in question provides for arbitration or expert determination (departmental appeal). The Court observed that an arbitration should be in the nature of a judicial enquiry involving hearing…

Supreme Court of India: Is It Mandatory For The Party Applying For Enforcement of A Foreign Award To Produce the Original Arbitration Agreement At the Time of Filing the Enforcement Application?

In PEC Ltd. v. Austbulk Shipping Sdn Bhd., 2018 SCC OnLine SC 2549 decided on 14 November 2018, the Supreme Court of India addressed the issue of whether an application for enforcement of a foreign award made under Section 47 of the Arbitration and Conciliation Act, 1996, (‘Act’) is liable to be dismissed if it…