Singapore High Court: Whether The Three-Month Time Limit In Art 34(3) MAL Is Appliable To S. 24 IAA As Well For Award Induced By Fraud Or Corruption?

Whether time limit under Art 34(3) of Model Law is absolute or extendable in exceptional circumstances? Whether the three-month time limit in Art 34(3) is incorporated into Section 24 IAA by the phrase “[n]otwithstanding Article 34(1)” for award induced by fraud or corruption? Section 24(a) of the International Arbitration Act (Cap. 143A) (‘IAA’) inter alia…

Singapore High Court: Whether an Arbitral Award on Substantive Merits can be Termed as Ruling on Negative Jurisdiction? Does Doctrine of res judicata Have Effect on the Tribunal’s Authority to Hear the Dispute?

In BTN and another v BTP and another, [2019] SGHC 212, the Singapore High Court dismissed an application to either review a partial arbitral award under Section 10(3)(b) of the International Arbitration Act (Cap. 143A) (‘IAA’) of Singapore, or in the alternative, to set aside the partial award under Section 24(b) of the IAA and…

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…

Singapore High Court: Whether or not to adjourn enforcement proceedings of a foreign award in Singapore pending the determination of an application filed in foreign Court to set aside the Award

In Man Diesel & Turbo SE v I.M. Skaugen Marine Services Pte Ltd [2018] SGHC 132, the I.M. Skaugen Marine Services Pte Ltd (defendant) challenged the enforcement of an award passed by Danish Institute of Arbitration (DIA) seated in Denmark under Section 31(2)(c) and s 31(4)(b) of the International Arbitration Act of Singapore (the IAA)…