I. BACKGROUND In this case, Tongkum Company Limited (the “plaintiff”) and Deutsch Bank AG (the “defendant”) entered into a “Facility Agreement” and an “Export Contract” relating to a shipment of gold from the plaintiff to the defendant. Each agreement included an arbitration clause that stipulated that any dispute shall be to the London Court of International Arbitration (“LCIA”). Subsequently, the …
Singapore Case Update: Setting Aside on the Basis of Arbitrator Exceeding Jurisdiction (AUF v AUG [2015] SGHC 305)
TL;DR Case Name: AUF v AUG [2015] SGHC 305 (available here) Court: Singapore High Court Coram: Belinda Ang Jbr></br> Date Delivered: 26 November 2015 In this decision, the Singapore High Court affirmed the pro-arbitration stance of the Singapore courts by refusing a setting aside application. The setting aside application was premised on arguments that the tribunal had acted beyond its jurisdiction by awarding damages on ...
Singapore Case Update: Assignment of Arbitration Agreements in Claims over Bills of Exchange (Cassa di Risparmio v Rals International [2015] SGHC 264)
TL;DR Case Name: Cassa di Risparmio di Parma e Piacenza SpA v Rals International Pte Ltd [2015] SGHC 264 (available here) Court: Singapore High Court Coram: Vinodh Coomaraswamy Jbr></br> Date Delivered: 16 October 2015 In this decision, the Singapore High Court clarified the general position that in an assignment of a contract, both the benefit and the obligation of an arbitration agreement are assigned along ...
Singapore Case Update: Court Ordered Interim Relief Over Foreign Assets (Five Ocean v Cingler Ship [2015] SGHC 311)
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)
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)
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 ...
HKIAC Experience: An Intern’s Perspective
n April 2015, I began a three-month internship at the Hong Kong International Arbitration Centre (“HKIAC” or “Centre”) as a recent law graduate with litigation experiences in three European jurisdictions. My internship at HKIAC represented an exciting opportunity for me, as I was looking for a gateway into Asia and a practical experience in arbitration. Early on in my discovery …
Singapore Case Update: Arbitrability of Shareholder Disputes (Tomolugen Holdings v Silica Investors Ltd [2015] SGCA 57)
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 ...
The Use of Hong Kong Arbitration in Resolving Sino-Foreign Infrastructure Disputes
<br> hinese infrastructure projects have traditionally been dominated by domestic entities due to the restrictions which had been in place from the Ministry of Commerce. Since policies began to be relaxed in 2014, however, an increasing number of foreign actors have begun to participate in major infrastructure projects. The One Belt, One Road initiative and the soon to be constituted …