I. OVERVIEW Badan Arbitrase Nasional Indonesia (“BANI”), established in 1977 is recognised as the first and leading arbitral institution in Indonesia.[1] The inception of BANI was on the initiative of three prominent lawyers, namely Prof. Subekti, Haryono Tjitrosoebono and Prof. Priyatna Abdurrasyid. It was initially supported and a part of the Indonesia Chamber of Commerce and Industry (KADIN[2]). To date, BANI …
Security for Costs in International Arbitration
I. INTRODUCTION In international arbitration, security for costs is an interim measure filed by the Respondent to a claim (or counter-claim). The purpose of such an application is to ensure that the Claimant is able to pay a potential adverse costs award rendered against it if the Respondent wins the claim.[1] Where a Respondent makes an application and the arbitral …
Case Update: Gerald Metals S.A. v Timis & Ors [2016] EWHC 2327 (Ch)
<br> I. BACKGROUND ‘Gerald Metals SA (‘Gerald Metals’), is a Swiss company which is part of a group of companies engaged in commodities trading. Mr Timis (‘Timis’) is a businessman whose principal interests are in the mining industry’.1 On 14 November 2014, Gerald Metals entered into an Offtake Contract with a company called Timis Mining Corp (SL) Limited (‘Timis …
With the current, but against the tide? The international investment protection regime and the investor-state dispute settlement debate in Asia
I. INTRODUCTION In April 2013, Hong Kong and the Association of South East Asian Nations (ASEAN) announced negotiations had commenced for a Hong Kong-ASEAN Free Trade Agreement (HKAFTA). Several rounds of negotiations have since been held and the agreement is expected to come into effect by 2016. It is understood that promotion and protection of investments is one of …
Case Update: English Court Considers Application of State Immunity in Award Enforcement (LR Avionics Technologies v Nigeria [2016] EWHC 1761)
TL;DRIn LR Avionics Technologies v Nigeria [2016] EWHC 1761, the claimant sought to enforce an arbitral award and a Nigerian High Court judgment against a property in Fleet Street, Britain owned by the Federal Republic of Nigeria. The English Court considered the issue of immunity and the question of whether the property was amenable to execution. IAA Student Editor Clara Khoo reports. I. Background ...
Case Update: English Court Denies Anti-Suit Injunction Application on Basis of Delay (ADM Asia-Pacific Trading v Pt Budi Semesta Satria)
TL;DRIn Adm Asia-Pacific Trading Pte Ltd (formerly known as Toepfer International Asia Pte Ltd) v Pt Budi Semesta Satria [2016] EWHC 1427 (Comm), the respondent had commenced court proceedings in Indonesia in violation of a valid arbitration agreement designating arbitration in London. The applicant sought an anti-suit injunction from the English Courts. The Queen’s Bench Division of the High Court of Justice ...
Vietnam Case Update: Waiver of Right to Raise Objections (Blue Steel Industries v Dai Thien Loc (2015))
<br> I. INTRODUCTION This decision concerns a dispute arising between a Vietnamese company and a foreign company over breach of a sales contract between two parties. After the issuance of an arbitral award in favor of the foreign company, the Vietnamese company requested the Vietnamese court to set aside the arbitral award, but the court refused such request …
Jones v Treasury Wine Estates Limited [2016] FCAFC 59: Possible Implications on International Arbitration Practice
TL;DRIn Jones v Treasury Wine Estates Limited [2016] FCAFC 59, the Federal Court of Australia granted an anti-suit injunction preventing parties engaged in a class action suit before it from taking oral depositions from US-based employees under US Court procedures, namely, 28 USC § 1782 of the US Code on Assistance to foreign and international tribunals and to litigants before such tribunals. Mark Clarkson, ...
Arbitration in India – Shaking off the Indian Inertia
TL;DR The Parliament of India recently enacted the Arbitration and Conciliation (Amendment) Act 2015 in response to the pressing need to revamp the republic’s arbitration regime. Delays and excessive judicial intervention are amongst the many problems which have plagued arbitration proceedings in India. K George Abraham provides a critical analysis of the 2015 amendments and the prospect of it guiding ...