Edwina Kwan, Sati Nagra and Annie Zou look at the increased risks of disputes in the carbon markets space, as new and untested issues emerge. International arbitration is an advantageous forum to resolve these disputes – and businesses should think about it now,...
Amanda Lees, Clémence Bernard and Sarah Jones comment on a Singapore Court of Appeal decision determining that arbitrability is to be determined by the law of the arbitration agreement and the seat. Contrary to the weight of significant authority, the Singapore Court...
Suraj Sajnani and Jesse Tizard look at a recent Hong Kong court decision which determined that decisions regarding compliance with arbitration preconditions are a matter of admissibility. On 30 June 2023, the Court of Final Appeal (CFA) delivered its judgment in C v...
Jesse Tizard and Jenny Fok discuss a recent Hong Kong case in which it was determined that unless and until there is a crystallised “dispute”, there is nothing to refer to arbitration. While that may seem obvious, this is the key lesson from the recent (and somewhat...
Key takeaways The proliferation of bilateral investment treaties (BIT), multilateral investment treaties and free trade agreements (FTA) (i.e., treaties between two or more States promising to protect foreign investments) has led to a plethora of arbitration...
The case of C v D concerns the issue of whether or not an arbitral tribunal’s decision with respect to compliance with a pre-arbitral tier in a multi-tiered dispute resolution clause is final. The issue is significant and goes to the heart of one of the key...
COVID-19 triggered dramatic changes in the way international arbitration is conducted, but which will remain? Our partner Amanda Lees, based in Singapore, recently shared her insights with The Legal 500 on the Covid-19...
In a judgment delivered on 7 October 2022, the Singapore High Court has refused to enforce a Pennsylvania, USA seated ICDR emergency arbitration award. The Court’s basis for not enforcing the emergency arbitration award was that the Defendant was not given an...
Hourly fees for lawyers are the norm in Hong Kong. Regardless of the outcome of the case, clients usually pay for the time that lawyers spend working on their matters. On 30 June 2022, the government gazetted the Arbitration and Legal Practitioners Legislation...
2021 marked the 30th anniversary of the Singapore International Arbitration Centre (“SIAC”), a year with its third-highest caseload with 469 new case filings, and a year in which it changed its Board of Directors, Court of Arbitration and management. SIAC’s 2021...
“Whether procedural requirement[s]…ha[ve] been fulfilled is a question intrinsically suitable for determination by an arbitral tribunal, and is best decided by an arbitral tribunal in order to give effect to the parties’ presumed intention to achieve a quick,...
The uncertainty following the abolishment of the Dubai International Financial Centre (DIFC)-London Court of International Arbitration (LCIA) Arbitration Institute last year has been largely resolved by a recent announcement of by the Dubai International Arbitration...
HKIAC Statistics: demonstrating the steady strength of Hong Kong as a seat for arbitration Early in the Year of the Tiger, the Hong Kong International Arbitration Centre (“HKIAC”) released its Year of the Ox statistics for 2021. Their full report is available here,...
Hong Kong, Guangdong, and Macao have taken the next step to take the Greater Bay Area ("GBA") to the centre stage of international arbitration by jointly forming the Greater Bay Area International Arbitration Centre in Shenzhen (the "Centre"). The Centre is located in...
It has been said that the law is a refuge for people who are afraid of numbers. Despite this, many practitioners (particularly those dealing with large construction disputes) are required to grapple with complex calculations and even more complex Excel spreadsheets...
The United Nations Commission on International Trade Law (UNCITRAL) adopted the Expedited Arbitration Rules (EAR) on 21 July 2021, which recently entered into force on 19 September 2021. An expedited arbitration aims to be a streamlined and simplified process,...
On 16 July 2021, Amanda Lees, Partner from KWM’s Singapore office, sat down with lawyers from KWM’s global network for a virtual fireside discussion of what makes a persuasive advocate from the perspective of an arbitral tribunal at the procedural phase of an...
C'est la guerre! Winter is coming and with it the narrow Channel or La Manche between England and France is looking chillier by the day – not least because of the fallout from Brexit and the ongoing debate over access by French fishing boats to UK fishing grounds. ...
While one would be forgiven for assuming that the doctrine of privity of contract would preclude a non-signatory from being bound by a dispute resolution process to which it had not subscribed, an arbitration clause may be binding on a third party by assignment,...
Our Middle East office recently wrote a guest article for MEED (Middle East Economic Digest) following the announcement regarding Dubai Decree 34 of 2021, which came into effect on 20 September 2021, and abolishes the Emirates Maritime Arbitration Centre, and the...