Singapore High Court: Whether A Conditional Stay Of Court Proceedings In Favour Of Arbitration Granted In Exercise Of Case Management Powers By The Court Can Be Mandatorily Lifted When Such Conditions Are Met

In Gulf Hibiscus Ltd v Rex International Holding Ltd and another [2019] SGHC 15, the High Court of Singapore dealt with the issue of whether the court should exercise its discretion to lift the conditional stay in favour of arbitration granted earlier if the conditions of the stay were met. The Court lifted the stay…

Supreme Court of India: Whether landlord and tenant disputes arising under the Transfer of Property Act of India are arbitrable? Whether the pre-requisite of “existence” of an arbitration agreement for the appointment of an arbitrator by the Court under the Indian Arbitration Act includes appointment of an arbitrator for disputes which are non-arbitrable as well?

While deciding an application seeking appointment of an arbitrator under Section 11(6A) of the Indian Arbitration and Conciliation Act, 1996 (‘Act’), the power of the court is confined only to the examination of the existence of an arbitration agreement, leaving it to the court to decide on the existence of a valid arbitration agreement, no…

Privilege and Confidentiality in International Commercial Arbitration

Introduction I would like to start this post by giving a practical example. An English Rugby team and an American Football team decide to play the game of ‘Rugby’. English had seen Americans playing Rugby which was not actually Rugby but American Football. But since both looks somewhat similar, the English team was under the…

The ‘Twilight issues’ series: Interest on Award and the possible way to determine it in absence of any uniformly applicable law

Image Courtesy: Forbes In furtherance to The ‘Twilight issues’ series: Determination of applicable law on the status of non-signatories in international commercial arbitration, in this blog I am dealing with the issue of interest on award and determinants involved in its quantification. In the absence of express provisions allowing the arbitrators to award  interest and…

The ‘Twilight issues’ series: Determination of applicable law on the status of non-signatories in international commercial arbitration

Image Courtesy: Forbes In furtherance to “The ‘Twilight issues’ series: which law governs res judicata issues in arbitration proceedings?”, in this blog I am dealing with the issue of non-signatories and the law applicable for determining their status in international commercial arbitration. The term “non-signatories” remains useful shorthand to describe persons whose relationship to the…

Comparison of Arbitration regime in India, Singapore and England and Wales – Part 2

Image Courtesy: iEduNote In continuation of Part 1 of this series (Comparison of Arbitration Regime in India, Singapore and England and Wales – Part 1), I would be covering the role of Court in selection of Arbitrators, disclosure of conflicts by arbitrators and role of court in when appointment is challenged,  ethical duties of arbitrators, evidentiary assistance…