A. LEGISLATION AND RULES A.1 Legislation Arbitration procedures in Vietnam continue to be mainly governed by Civil Procedure Code No. 92/2015/QH13 (CPC), Law on Commercial Arbitration No. 54/2010/QH12 (LCA), and Resolution No. 01/2014/NQ-HDTP issued by the Supreme Court of Vietnam providing further guidance on the implementation of certain provisions of the LCA. The LCA is generally based on the 2006 UNCITRAL Model Law. There are, however, some provisions that differ from the Model Law. These…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Indonesia continues to be governed by Law No. 30…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Japan continues to be governed by the Arbitration Act…
A. LEGISLATION AND RULES International arbitration in Malaysia continues to be governed by the Arbitration Act 2005, to which no legislative amendment has been made since the latest amendments in 2018. A.2 Institutions, rules and infrastructure The Asian International Arbitration Centre (AIAC) is Malaysia’s leading arbitration institution, with several key launches in 2021. On 1 August 2021, the AIAC launched the latest revisions to its Arbitration Rules (“AIAC Rules 2021“), carefully designed to enhance efficiency…
A. LEGISLATION AND RULES A.1 Legislation Mutual assistance in interim measures in aid of arbitral proceedings by the…
It is trite that an arbitral tribunal has no jurisdiction to decide any issue that has not been…
Australian Courts continue to take an arbitration friendly approach to applications to recognise and enforce foreign awards. In EBJ21 v EB021,[1] the Federal Court of Australia (“FCA”) considered whether to recognise or enforce a confidential arbitral award in circumstances where the award had been paid on time and in full. Factual Background The parties had entered into a confidential deed of settlement, with payment due one month later. Immediately, and prior to the due date…
We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now…
No training programme for first year arbitration associates is complete without an exploration of the advantages of arbitration…
The case of T v W[1] reinforces the important principle that bills of exchange have a legal life of their own, separate from the underlying contract. They usually do not fall within the scope of an arbitration clause in the underlying contract unless there is a clear and express indication that they do. Factual background Under a Loan Agreement, P agreed to lend D HKD 5 million. P advanced the money and D drew a…