This decision is of great interest as it is relatively unusual for a court to grant an ex parte injunction in support of an arbitration, let alone a foreign seated arbitration. The Singapore International Commercial Court (“SICC”), in a pithy decision delivered ex...
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Legal Update: Natural Justice and the importance of pleadings in expedited and documents only arbitrations – Wan Sen Metal Industries v Hua Tian Engineering
In arbitral proceedings generally, pleadings are not necessarily determinative in the same way or to the extent that they might be in court litigation; the consensual nature of arbitration means that the parties may agree to an unpleaded issue being dealt with in the...
Legal Update: The Interplay Between Enforcement of An Arbitral Award and Setting Aside Application at The Seat Court – Aastar Trading Pte Ltd v Olam Global Agri Pte Ltd
Introduction The case of Aastar Trading Pte Ltd v Olam Global Agri Pte Ltd[1], decided by the General Division of the High Court of Singapore, analyses the legal principles concerning the enforcement of foreign arbitral awards and the interplay between enforcement of...
Legal Update: Infra Petita challenges of arbitration awards under Singapore law – the Singapore Court of Appeal settles the issue in DEM v CEL
The Singapore Court of Appeal has started the new year with a decision on an interesting point of law; whether a non-participating party to an arbitration can challenge an arbitral award on the ground that the arbitrator had failed to consider a point which was not...
Legal Update: 2015 edition of the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules 2025”)
On 9 December 2024, the Singapore International Arbitration Centre (“SIAC”) announced the official release of the SIAC Rules 2025, which will come into effect on 1 January 2025.[1] The SIAC Rules 2025 introduce new procedures and improve existing processes to ensure...
Legal Update: The limits of Article V of the New York Convention and the principle of minimal curial intervention
Wuhu Ruyi Xinbo Investment Partnership v Shandong Ruyi Technology Group and European Topsoho [2024] SGHC 308 Does the New York Convention on the enforcement of foreign arbitration awards or the principal of minimal curial intervention fetter the court’s power to...
Legal Update: Competing claims and the scope of the arbitration agreement
COSCO Shipping Specialized Carriers Co, Ltd v PT OKI Pulp & Paper Mills (COSCO v PT OKI)[1] What is the ambit and scope of the phrase “arising out of or in connection with this contract” in the context of arbitration and dispute resolution agreements? This...
Legal Update: Bill to establish International Committee of the Singapore International Commercial Court to Strengthen International Commercial Dispute Resolution
On 14 October 2024, the Singapore International Commercial Court (International Committee) Bill[1] (the “Bill”) was introduced in Parliament. The Bill is a timely development following the signing of a bilateral treaty between the Government of Singapore and the...
Legal Update – Beyond the Agreement: Anti-Suit Injunctions for Non-Parties in Arbitration
The question of whether an anti-suit injunction (“ASI”) should be granted to restrain court proceedings when the parties to the court proceedings are not parties to the arbitration agreement was addressed by Singapore Court of Appeal on appeal from the Singapore...
Legal Update: A stich in time saves ……. the arbitration agreement
The recent judgement by the General Division of the High Court of the Republic of Singapore, between STS Seatoshore Group Pte Ltd ("STS") and Wansa Commodities Pte Ltd ("Wansa")[1] provides significant insights into the enforcement of arbitration agreements and the...