Would the enforcement of an unless order issued for the purposes of enforcing a procedural order be tantamount to fashioning a new ground for refusing the enforcement of a foreign arbitral award in contravention of the New York Convention[1] (the “Convention”)? The...

Natural justice challenges to an arbitration award of the infra petita variety, i.e. that the tribunal had not carried out its mandate by considering all the material issues that were raised in the arbitral proceedings, have become increasingly common in recent years....

The doctrine of res judicata was developed to ensure finality in litigation, to prevent endless litigation over the same subject matter typically between the same parties. Over time, it was observed that litigants were circumventing the doctrine by strategically...

Arbitration institutions like the SIAC will usually have, under their rules, considerable powers to make administrative decisions for the purpose of administering arbitrations e.g. the extension or abbreviation of time limits; whether a dispute warrants the...

This decision is of great interest as it is relatively unusual for a court to grant an ex parte injunction in support of an arbitration, let alone a foreign seated arbitration. The Singapore International Commercial Court (“SICC”), in a pithy decision delivered ex...

In arbitral proceedings generally, pleadings are not necessarily determinative in the same way or to the extent that they might be in court litigation; the consensual nature of arbitration means that the parties may agree to an unpleaded issue being dealt with in the...

Introduction The case of Aastar Trading Pte Ltd v Olam Global Agri Pte Ltd[1], decided by the General Division of the High Court of Singapore, analyses the legal principles concerning the enforcement of foreign arbitral awards and the interplay between enforcement of...

The Singapore Court of Appeal has started the new year with a decision on an interesting point of law; whether a non-participating party to an arbitration can challenge an arbitral award on the ground that the arbitrator had failed to consider a point which was not...

On 9 December 2024, the Singapore International Arbitration Centre (“SIAC”) announced the official release of the SIAC Rules 2025, which will come into effect on 1 January 2025.[1] The SIAC Rules 2025 introduce new procedures and improve existing processes to ensure...