The decision: To recall, on 6 March 2018, the European Court of Justice (ECJ) in Slovak Republic v. Achmea ruled that the application of an investor-State arbitration clause in a bilateral investment treaty (BIT) between two EU Member States is incompatible with EU...
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E-briefing: Developments in Singapore mediation law
Developments in Singapore mediation law Local developments: On 1 November 2017, the Mediation Act came into force. Thanks to several key features, this new statute has strengthened the position of mediation as an effective and lower-cost alternative to...
E-briefing: Singapore Court: Arbitral Tribunals have the power to order US-style Attorneys’ Eyes Only Disclosure
Singapore Court: Arbitral Tribunals have the power to order US-style Attorneys’ Eyes Only Disclosure The decision: The High Court in China Machine New Energy Corp v Jaguar Energy Guatemala LLC and another [2018] SGHC 101 held that an arbitral tribunal had...
E-briefing: Investors’ protection under the ASEAN Comprehensive Investment Agreement in view of Malaysia’s anticipatory termination of the KL-Singapore High Speed Rail (HSR) Project
Investors’ protection under the ASEAN Comprehensive Investment Agreement in view of Malaysia’s anticipatory termination of the KL-Singapore High Speed Rail (HSR) Project After his stunning election win in May 2018, Malaysian Prime Minister Mahatir Mohamad announced...
E-briefing: The much anticipated Singapore Convention on Mediation for the Enforcement of International Mediation Settlements is slated to be open for signature on 1 August 2019
The much anticipated Singapore Convention on Mediation for the Enforcement of International Mediation Settlements is slated to be open for signature on 1 August 2019 On 26 June 2018, the United National Commission on International Trade Law (UNCITRAL) approved the...
E-briefing: Growth or Anti- Competition – The Story of Grab & Uber’s Merger
Growth or Anti- Competition – The Story of Grab & Uber’s Merger On 5 July 2018, the Competition and Consumer Commission of Singapore (“CCCS”) issued its Proposed Infringement Decision (“PID”) against Grab and Uber in relation to Uber’s sale of its Southeast Asian...
E-briefing: Singapore- Asia’s leading international dispute resolution hub and 3rd most preferred seat of arbitration in the world
Singapore- Asia’s leading international dispute resolution hub and 3rd most preferred seat of arbitration in the world The demand for international dispute resolution in Singapore is expected to increase in tandem with Asia’s anticipated GDP growth of 6% in 2018 and...
E-briefing: Global Regulatory Developments in Digital Tokens
GLOBAL REGULATORY DEVELOPMENTS IN DIGITAL TOKENS Increased Scrutiny in Singapore The Monetary of Singapore released its Guide to Digital Token Offerings on 14 November 2017. Following which, it has taken steps to tighten its regulatory oversight over initial coin...
E-briefing: Singapore High Court clarifies that the admissibility of pre-contractual negotiations is a procedural issue to be determined by the SIAC arbitral tribunal
Singapore High Court clarifies that the admissibility of pre-contractual negotiations is a procedural issue to be determined by the SIAC arbitral tribunal [2018] SGHC 55 BQP v BQQ The Singapore High Court dismissed the Plaintiff’s challenge to the jurisdictional...
E-briefing: Note on Inward Re-domiciliation to Singapore
Effective 11 October 2017, following the amendments to the Singapore Companies Act (Cap. 50), eligible foreign corporate entities (“FCE”) are permitted to transfer their place of incorporation to Singapore by way of an inward re-domiciliation. FCE may choose to...