Singapore Case Update: Court Ordered Interim Relief Over Foreign Assets (Five Ocean v Cingler Ship [2015] SGHC 311)

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TL;DR Case Name: Five Ocean Corporation v Cingler Ship Pte Ltd (PT Commodities & Energy Resources, intervener) [2015] SGHC 311 (available here) Court: Singapore High Court Coram: Belinda Ang J<br></br> Date Delivered: 4 December 2015 In this decision, the High Court affirmed its ability, pursuant to s 12A of the International Arbitration Act, to order interim relief in the form of an order to preserve assets, ...

Conference Report: UNCITRAL Emergence Conference at the University of Macau (International Commercial Courts)

TL;DR On 30 November 2015, the University of Macau hosted the UNCITRAL Emergence Conference on Harmonising Trade Law. This year's program covered a range of topics, including international dispute resolution. IAA's  Australia Country Correspondent Dr Dalma R Demeter[1] who was also speaking at the conference, provides this report with a particular focus on the international commercial courts. On 30 November 2015 ...

Vietnam Case Update: Setting Aside Domestic Arbitral Awards (SK E&C v. Vinalines)

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I.  INTRODUCTION his decision concerns a dispute between a Vietnam State-owned corporation and a foreign contractor on the construction of an international transshipment port in Vietnam. Following an arbitral award in favor of the foreign contractor, the State-owned corporation then requested the Vietnamese competent court to set aside this arbitral award, but the court refuses this request and upheld the …

Singapore Case Update: No Power of Remission After Setting Aside (AKN v ALC [2015] SGCA 63)

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TL;DR Case Name: AKN v ALC [2015] SGCA 63 (available here) Court: Singapore Court of Appeal Coram: Sundaresh Menon CJ, Andrew Phang JA and Steven Chong J<br></br> Date Delivered: 27 November 2015 In the decision of AKN v ALC [2015] SGCA 63, the Singapore Court of Appeal had to consider, among other things, the scope of the remission power under Art 34(4) of ...

Singapore Case Update: Arbitrability of Shareholder Disputes (Tomolugen Holdings v Silica Investors Ltd [2015] SGCA 57)

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TL;DR Case Name: Tomolugen Holdings v Silica Investors Ltd [2015] SGCA 57 (available here) Court: Singapore Court of Appeal Coram: Sundaresh Menon CJ, Chao Hick Tin JA and Chan Sek Keong SJ<br></br> Date Delivered: 26 October 2015 The Singapore Court of Appeal holds that disputes over minority oppression or unfairly prejudicial conduct are arbitrable. This case also lays down authoritative principles ...

Thailand: Deference to Arbitration in “Related Contracts” Situations

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I.  INTRODUCTION Within the commercial, construction and insurance industries, it has become increasingly popular practice to read arbitration clauses (contained within a principal agreement) into a string of related contracts in multi-contract transactions (“Related Contracts” Situations). This effectively shifts the determination of all contractual disputes from local judicial organs into the hands of arbitrators, for what parties often consider a …

Thailand Case Update: Arbitration and Secondary Agreements Part II (Supreme Court Decision No. 3786/2554)

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<br> I.  BACKGROUND  he plaintiff (the “Contractor”) entered into a construction agreement with N.C. Engineering ltd., (the “Sub-Contractor”), the co-defendant, for a construction project in the Polyester Industrial Plant, situated in, Nikhom Phattana, Amphoe Barn Kai, Rayong (the “Principal Agreement”). The Agreement provides that any disputes shall be resolved by means of arbitration. The Contractor gradually made payments to the Sub-Contractor …