Search for:
Category

Consent to Arbitrate

Category

In FirstLink Investments Corp Ltd v GT Payment Pte Ltd [2014] SGHCR 12, the Singapore High Court held that an international arbitration agreement expressed to be governed by an arbitral institution’s rules instead of a national law may be enforceable. The court also held that, in absence of any contrary indications, the parties’ choice of arbitral seat would be taken as the parties’ implied choice of proper law governing the arbitration agreement. Facts FirstLink Investments…

Alternative dispute resolution (“ADR”) mechanisms have gained recognition and acceptance. Common types of ADR include mediation, neutral evaluation and arbitration, which generally provide more flexibility when compared with litigation. Commercially, it is in parties’ interests to resolve disputes amicably through mediation or negotiations, preserving relationships and saving costs. This increased recognition and acceptance of ADR mechanisms may have led to many contracts providing for multi-tiered dispute resolution mechanisms. Examples include clauses which provide that disputes…