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Stay of proceedings in favour of arbitration in Singapore

Stay of proceedings in favour of arbitration in Singapore Singapore’s dual arbitration regime Singapore has a dual arbitration regime (as discussed in Dalian Hualiang Enterprise Group Co Ltd v Louis Dreyfus Asia Pte Ltd [2015] 4 SLR 646 at [32] (not reported by ½Û×ÓÊÓƵ® UK)).). The Singapore Arbitration Act 2001 (2020 Rev Ed) governs domestic arbitration while the Singapore International Arbitration Act 1994 (2020 Rev Ed.) governs international arbitration, whether seated in Singapore or abroad. Section 5(2) of the IAA sets out when an arbitration is international. Under both section 6 of the AA and section 6 of the IAA, Singapore courts have the power to stay court proceedings when a party to an arbitration agreement commences court proceedings against any other party to the agreement. The exercise of such a power is premised on the fact that an arbitration agreement exists between the two parties and that there is a dispute between the parties which falls within the remit of that arbitration agreement. AA,...

Multi-party and multi-contract arbitration—an introduction

Multi-party and multi-contract arbitration—an introduction This Practice Note considers how some of the common challenges which can arise in disputes between multiple parties (multi-party disputes) and/or concerning multiple contracts (multi-contract disputes) may be managed in arbitration proceedings. Such proceedings are sometimes referred to as ‘complex arbitrations’, although that phrase bears other meanings too. Multi-party and multi-contract disputes are common, reflecting the complexity of international commercial transactions. As discussed in Practice Notes: Arbitration—an introduction to the key features of arbitration and Arbitration—new starter guide, arbitration is, typically, a private, contractual method of dispute resolution, which offers parties meaningful control over who determines their dispute and the procedure that will be followed. Indeed, the ability to influence how proceedings will be structured and conducted is one of the commonly-cited reasons why parties—particularly commercial entities involved with cross-border transactions and/or projects—choose arbitration over, say, litigation in national courts. In contrast to resolving a dispute between two parties arising out of a single agreement, the presence of multiple parties and/or multiple contracts...

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Ireland—Arbitration clause

Ireland—Arbitration clause This is a precedent arbitration clause for future disputes, which can be used for international and domestic arbitrations and includes optional language for ad hoc or institutional arbitration. If ad hoc arbitration is chosen, the clause includes language for both a sole arbitrator tribunal and a three arbitrator panel and alternative methods for the selection of arbitrators. The clause also includes optional language, either in the clause or in drafting notes, regarding the seat of the arbitration, the law of the arbitration agreement, the language of the proceedings, and the finality of the award. This Precedent may be referred to as an arbitration agreement for inclusion in a contract or agreement. A precedent arbitration clause may also be referred to as a template or model clause. An arbitration agreement is a contract between parties to submit future or existing disputes to arbitration. As is the case with this Precedent, the arbitration agreement usually takes the form of a clause in a substantive contract between the parties, which is,...

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Can co-opted committee members vote?

Can co-opted committee members vote? A joint committee is a committee consisting of members of two or more authorities established for the joint discharge of any functions of those authorities in accordance with section 101 of the Local Government Act 1972 (LGA 1972)(see Parliamentary committees). Co-opting of non-members onto local authorities We refer you to the following information, taken from the extract from Encyclopaedia of Forms and Precedents. Any overview and scrutiny committee, ordinary committee, sub-committee, joint committee or area committee may co-opt people who are not members of the appointing authority. As many co-optees as are desired can be appointed to a committee, sub-committee, joint committee or area committee of a local authority, but co-optees do not have any voting rights unless they are elected members of the authority or, if on a joint committee, a constituent authority (see section 13 (1) of the Local Government and Housing Act 1989 (LGHA 1989)), or they are specifically entitled or permitted to vote. Notes in relation to...

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ICC publishes 2024 arbitration and ADR statistics

The International Chamber of Commerce (ICC) has released preliminary dispute resolution statistics for 2024, revealing a record-breaking year for the total value of claims pending. The ICC registered 831 new cases under its Arbitration Rules, with an additional 10 cases under the Appointing Authority Rules. The Expedited Procedure Provisions saw 152 new cases, bringing the total to 865 since its 2017 inception. Notably, the aggregate amount in dispute for pending cases reached an unprecedented $354bn. The statistics demonstrate ICC's global reach, with 2,392 parties from 136 jurisdictions participating in arbitrations, and tribunals seated in 107 cities across 62 countries. State involvement remained significant, with 19% of new cases including states or state-owned entities. The ICC International Centre for ADR also reported 61 new requests across various dispute resolution mechanisms.

Arbitration weekly highlights—8 February 2024

This week's edition of Arbitration weekly highlights includes: coverage of a High Court decision concerning an anti-arbitration injunction, a decision on the basis of leave to appeal pursuant to the Arbitration Act 1996; coverage of Germany’s draft arbitration bill; updates from the International Centre for Settlement of Investment Disputes (ICSID) and arbitrateAD. All this, and more, in our weekly highlights.