Asia-Pacific Archives

In Asia-Pacific

10th Anniversary Edition of International Arbitration Yearbook – now available!

April 17, 2017 by Dr. Markus Altenkirch 2 Mins Read

Baker McKenzie has released the 10th anniversary edition of its annual International Arbitration Yearbook, an in-depth report reviewing significant developments in international arbitration over the past 10 years across 47 jurisdictions. Section A of each country chapter gives an overview of legislative changes affecting arbitration over the past decade, and also covers relevant arbitral institutions and the development of their rules. Section B summarizes important court decisions over the period, covering those that are noteworthy…

In North America

U.S. Court confirms arbitral award and concludes that Respondent may not deduct purported Taiwanese tax obligations from award under public policy or due process exceptions.

March 29, 2017 by Juliet Hatchett 3 Mins Read

The Southern District of New York rejected public policy and due process defenses and confirmed an international arbitration…

In International Investment

Singapore Court of Appeal reviews the scope of an arbitrator’s jurisdiction in an investment arbitration

February 27, 2017 by Leng Sun Chan SC 8 Mins Read

In the recent case of Sanum Investments Ltd v Government of the Lao People’s Democratic Republic [2016] SGCA…

In Arbitration Agreements

The ICC Expedited Procedure – New Demands for the Drafting of ICC Arbitration Agreements as from March 1, 2017

February 20, 2017 by Dr. Philipp Schuett 9 Mins Read

On March 1, 2017, the new Arbitration Rules of the International Chamber of Commerce (“ICC-Rules”) come into force. In Art. 30 and Annex VI, they contain specific provisions for an Expedited Procedure (“Fast-Track Arbitration”). The characteristic features of the new Expedited Procedure are that a sole arbitrator with extended powers shall render an arbitral award within six months after a limited establishment of the facts and optionally without a hearing. Expedited Procedures by which disputes…

In China

First Time PRC Court Recognizes a Foreign Judgment Based on Principle of Reciprocity

February 2, 2017 by Cynthia Tang and Simon Hui 5 Mins Read

On 9 December 2016, the Nanjing Intermediate People’s Court (“Jiangsu Court”) handed down a decision recognizing and enforcing…

In Asia-Pacific

Court of Appeal provides clarification on “good faith” principle in the context of enforcement of arbitral awards

January 19, 2017 by Gary Seib and Philipp Hanusch 7 Mins Read

Hong Kong courts have a discretion to enforce foreign awards under the New York Convention (“NYC”) even though…

In Arbitration Procedure

New Year, New Rules: How Singapore and Stockholm are vying for a piece of the investment arbitration pie

January 17, 2017 by Richard Allen 13 Mins Read

While toasting the New Year over a glass or two of champagne, it may have gone unnoticed to many of us that the strike of midnight also marked a more momentous event: the coming into force of two new sets of arbitration rules. On 1 January 2017, the Stockholm Chamber of Commerce (“SCC”) Arbitration Rules 2017 (the “SCC Rules “)[1] and the Singapore International Arbitration Centre (“SIAC”) Investment Arbitration Rules 2017 (the “SIAC IA Rules”)[2]…

In Arbitration Procedure

Comparative Chart of International Investment Arbitration Rules

January 12, 2017 by Richard Allen and Leng Sun Chan SC 17 Mins Read

Investment treaty arbitrations may be brought under the rules of many different arbitration institutions. As can be expected,…

In Asia-Pacific

Post-M&A Arbitration: Warranty & Indemnity Insurance Changes the Scene

January 12, 2017 by Dr. Joerg Risse and Dr. Heiko Haller 10 Mins Read

Post-M&A arbitration has long followed an established pattern: In the course of the transaction the buyer assesses the…

In Asia-Pacific

Update: Singapore Allows Third Party Funding for International Arbitration

January 11, 2017 by 1 Min Read

Key Points On 6 January 2017, we informed that the Singapore Parliament would be looking to pass legislative amendments to introduce a legal framework for third party funding for international arbitration in Singapore. We are pleased to update that these legislative amendments were explained in a second reading in Parliament on 10 January 2017 and passed into law on the same day. In the second reading, the Senior Minister of State for Law, Indranee Rajah…