Options Available To An Unsuccessful Party In An Arbitration
In Galsworthy Ltd of the Republic of Liberia v Glory of Wealth Shipping Pte Ltd [2010] SGHC 304 (“Galsworthy”), the Singapore High Court held that a losing party to an arbitration seeking to challenge an arbitral award had the “alternative and not cumulative options” of applying to set aside the award, or, applying to set aside any leave granted to enforce the award. This choice of wording is unfortunate because it gives the mistaken impression that the options described are mutually exclusive, when they are not.
The facts of the case are easy. There was a dispute over a charter party and an arbitration seated in London had issued an award against Glory of Wealth Shipping Pte Ltd ( [...]
New Hong Kong Arbitration Ordinance comes into effect
The new Hong Kong Arbitration Ordinance (Cap. 609) (the “Ordinance”) comes into effect today, having been approved by the Hong Kong Legislative Council at the end of last year. The Ordinance represents the culmination of many years of discussion and consultation and marks a significant milestone in the development of Hong Kong as a world-class international arbitration centre. Its stated intention is to facilitate the “fair and speedy” resolution of disputes, providing for maximum party autonomy and minimal court intervention (Section 3). In that respect, the Ordinance draws heavily on the internationally-recognised and accepted framework of the UNCITRAL Model Law (the “Model Law”), with [...]
Singapore Apex Court Lays Down Clear Framework for Arbitrability of Insolvency-Related Claims
The Singapore Court of Appeal issued a decision recently articulating a principled framework for the arbitrability of insolvency-related claims. It provides useful guidance on when an insolvency-related claim would be considered non-arbitrable under Singapore law. In seeking to strike the delicate balance between its robust pro-arbitration stance and its insolvency regime, the Court’s underlying philosophy strives to give the private consensual model of arbitration as much effect as possible, whilst using the tool of non-arbitrability to draw a clear line in the sand only when third-party interests are implicated under the insolvency regime.
In Larsen Oil and Gas Pte Ltd v Petroprod Ltd (i [...]
Reaching A Settlement Before the Arbitration Hearing
Will a court injunct arbitral proceedings if parties, before an arbitration hearing, allegedly reach a settlement agreement and a dispute subsequently arises over the existence of such an agreement? Is the tribunal functus?
Recently, the Singapore High Court in Doshion Ltd v Sembawang Engineers and Constructors Pte Ltd [2011] SGHC 46 (“Doshion”) rightly held that no injunction would lie in such an instance. It is a decision to be welcomed.
In that case, the two parties were parties to arbitration proceedings under certain construction contracts (“the Sub-Contracts”). The arbitration was scheduled to start on 28 February 2011. The claimant contended that an oral settlement was reache [...]
SIAC Arbitration: Some Strong 2010 Numbers and an App…
The SIAC dispenses hospitality to the legal profession in Singapore on a regular basis, as part of its “outreach” efforts to what I suppose we can describe as its local client base. The latest of these events took place at the end of January at the Helipad — a dimly lit bar with, disappointingly, no aircraft in sight. Turnout was strong, surely for reasons unconnected with the availability of free alcohol and food, and we heard the Chairman talk us through the institution’s performance in 2010.
The two main highlights for the SIAC in 2010 were strong case numbers for the year, and the application of the SIAC’s new rules beginning in July 2010. Looking at the caseload first, the [...]
What does Hong Kong’s new look Arbitration Ordinance mean in practice?
Hong Kong has unveiled its new Arbitration Ordinance. We take a look in this blog at how this is likely to affect parties and practitioners dealing with, or considering, arbitration in Hong Kong.
After a lengthy and detailed consultation process, the Hong Kong Legislative Council has passed the new Arbitration Ordinance (Cap. 609) (‘new Arbitration Ordinance’), which is anticipated to come into effect later this year. Legislators have opted to base the provisions of the new arbitration regime heavily on the internationally recognised and accepted framework of the UNCITRAL Model Law (‘Model Law’) – but with some modifications and supplements tailored to suit the specific features of [...]
