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Arbitration Reform In India: A Look At The Hong Kong Model

The Indian Government (‘Government’) plans to revamp the country’s arbitration landscape and is considering amendments to its arbitration legislation. If the Government is keen on transforming India into a global arbitration hub, it could draw from the experience of Hong Kong, which is a successful model for arbitration in the Asia-Pacific region. Since the gazettal of China (including Hong Kong) by the Government, an increasing number of Indian parties are turning to Hong Kong for arbitration.

Adoption of the latest version of the UNCITRAL Model Law  

The Indian Arbitration and Conciliation Act 1996 (‘Indian Arbitration Act’ or ‘Act’) is based on the 1985 version of the UNCI [...]

Should Court Actions Arising Out of International Arbitration Disputes Be Heard At the Singapore International Commercial Court?

and Paul Tan, Rajah & Tann Singapore LLP

Short answer: Yes for some actions, but not all. Here is why.

The Singapore International Commercial Court (“SICC”) was launched in January 2015 and provides litigants with the benefits of court proceedings and international arbitration without the constraints and setbacks of either option.

Thus far, murmurs of concern have focused on the extent to which the SICC would ‘eat into’ Singapore’s bustling international arbitration market. These concerns are, however, misconceived. The SICC’s value may lie in it exercising curial review of arbitration-related court actions.

The typical arbitration-related court actions are challenges to awards, [...]

Weighing in on the Debate about the Future of ISDS in Australia: the Productivity Commission’s 18th Trade and Assistance Review

On 24 June 2015, the Australian Productivity Commission released its eighteenth Trade and Assistance Review 2013-14.

The Commission is an independent research and advisory body, with statutory authority to report annually on the economic impacts of Australia’s international trade policy. As readers of this blog may recall, in previous years the Commission’s Review has influenced the Australian Government’s approach to the negotiation of trade and investment treaties. Most notably, the Commission’s 2010 Review prompted the then-Labor Government to adopt a policy against the inclusion of investor‑State dispute settlement (ISDS) clauses in future trade and investment treaties. This poli [...]

The Proposed Mediation Convention: UNCITRAL at a Crossroads in Vienna

Vienna can be a confounding place for an outsider. In one moment, the city projects itself confidently into an innovative, international future and yet in the next moment can appear irrevocably bound to traditions.

Being forward-minded in dispute resolution, Vienna is host this week to the IBA-VIAC International Mediation and Negotiation Competition, a four-day event in which 16 teams will seek to use consensual dispute resolution to resolve the problems of the 2015 Vis Moot Competition, which is itself hosted in Vienna. And, lest anyone forget, the Vienna International Arbitration Centre (VIAC), a regional and global leader in dispute resolution, will celebrate its 40th birthday this comin [...]

Arbitration 2015: The Best of Times or the Worst of Times? A Debate

This was the title of one of four sessions comprising the dispute resolution module held as part of the fifth Institute for Energy Law (IEL) and IBA Section on Energy, Environment, Natural Resources and Infrastructure Law (SEERIL) International Oil and Gas conference, which took place in London on 3-5 June 2015. The dispute resolution module was presented by the Institute for Transnational Arbitration (ITA).

The debate saw leading practitioners going head-to-head on the pros and cons of some of arbitration’s most “recent developments and ‘innovations’”. Batting for Team 1 was Sophie Lamb, of Debevoise & Plimpton and Dr. Jan Kleinheisterkamp, of the London School of Economics. Vera van Houtte [...]

Cambodia’s Arbitration Centre sets off on its First Flight

The National Commercial Arbitration Centre of the Kingdom of Cambodia (“NCAC”) was conceived in 2006, when Cambodia’s Commercial Arbitration Law entered into force. The initiative to create the centre surfaced as a part of Cambodia’s attempt to attract foreign investment on the one hand and to offer a viable alternative to domestic litigation to local businesses on the other. In 2009 and 2010, the Commercial Arbitration Law was amended to accommodate the birth of the NCAC. The International Finance Corporation and the Asian Development Bank produced numerous drafts of NCAC’s Arbitration Rules (“Rules”) until the final version of the Rules was approved in July 2014.

When NCAC’ [...]

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