Singapore High Court: Whether Failure to Raise Jurisdictional Challenge Amounts to Submission to the Tribunal’s Jurisdiction In 2021, the Dubai International Financial Centre Arbitration Institute (“DIFC”) was abolished by Decree No 34 of 2021 (the “Decree”) issued by the Dubai government. The Decree abolished DIFC and transferred its assets to DIAC. Consequently, the Dubai International…
Category: Singapore
Singapore High Court: Conflicting Dispute Resolution Clauses and Transnational Issue Estoppel in Parallel Proceedings
Singapore High Court: Conflicting Dispute Resolution Clauses and Transnational Issue Estoppel in Parallel Proceedings In Sacofa Sdn Bhd v Super Sea Cable Networks Pte Ltd and another [2024] SGHC 54, the Singapore High Court inter alia dealt with issues related with conflicting dispute resolution clauses of two contracts in a peculiar situation. While deciding the…
Which Law governs the Subject-matter Arbitrability at the Pre-Award Stage?
Which Law governs the Subject-matter Arbitrability at the Pre-Award Stage? In an interesting series of judgments passed by the Singaporean and Indian Courts, one of the most important questions related with arbitration has been discussed, analysed and elaborated upon. In doing so, the Courts have dealt with issues such as the applicable law of arbitration…
Singapore High Court: Stay on Winding Up Proceedings in Favour of Arbitration
Singapore High Court: Stay on Winding Up Proceedings in Favour of Arbitration In Europ Assistance Holding SA v ONB Technologies Pte Ltd (ONB Holdings Pte Ltd, non-party) [2023] SGHC 226, one of the issues dealt with by the Singapore High Court was whether the court should dismiss the winding up application in favour of arbitration…
Singapore High Court: Whether the Award can be set aside on the ground of Natural Justice if the Arbitrator failed to Understand Parties’ Evidence and Contentions
Consider a scenario wherein an arbitrator, A decides a dispute between X and Y which culminates into an award of damages in favour of X. Thereafter, Y again invokes arbitration and the same arbitrator is appointed and A again decides in favour of X. Y applies for setting aside of the award on the ground…
Singapore High Court: Whether A Singapore Seated Award Can Be Set Aside on the Ground of Violation of the Public Policy of Singapore Under Article 34(2)(b)(ii) of the Model Law if the Award Allegedly Violates India’s FEMA Regulations ?
Consider a scenario wherein a share purchase agreement is signed between A, an Indian Company and B, a Mauritius based company which is governed by Indian law. Dispute arose between the parties and it was referred to ICC arbitration seated in Singapore. The tribunal by majority decided in favour of B awarding damages to B…
Singapore High Court: Powers of an Arbitrator to Make & Enforce Peremptory Orders in Singapore-seated arbitrations
A peremptory order is an order that fixes a deadline for the provision of a submission or other case document, a default in which carries a sanction. In Sai Wan Shipping Ltd v. Landmark Line Co, Ltd., [2022] SGHC 8, Philip Jeyaretnam J of the Singapore High Court inter alia deliberated upon the powers of…
Singapore High Court: Anti-Suit Injunction Against Foreign Court Proceedings Initiated As A ‘Protective Net’ To Cure Possible Defects In Commencement Of Arbitration
When parties agree to arbitration, they agree to pursue their disputes in arbitration, and not in court.[1] But can a party (defendant) legitimately trigger and maintain simultaneous court proceedings (‘Court Proceedings’) going against an express arbitration agreement as a fallback mechanism (‘Protective Safety Net’) to be on a safer side against any possible defects in…
Singapore Court of Appeal: ‘Case Management Stay’ Of Court Proceedings In Favour Of Arbitration
The presence of concurrent jurisdiction does not condemn the parties, or the court or the arbitration tribunal, to unnecessary duplication. A tool available to the court in this respect is the case management stay of court proceedings to allow an arbitration tribunal to proceed first. It is a discretionary tool that can be used flexibly.[1]…
Singapore High Court: Non-Consideration of the Pre-Contractual Evidence In the Award And Breach of Natural Justice
In the case of CDI v CDJ [2020] SGHC 118 the underlying agreement between the parties contained an entire agreement clause which inter alia provided that the agreement supersede all previous agreements whether oral or written between the Parties in relations thereto. However, independent to Arbitrator’s consideration of any pre-contractual evidence and based on his…
Ananya Pratap Singh 