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2019年9月19日 · This analysis entails the court considering, strictly in the following order: (a) whether the parties have expressly chosen the proper law; (b) if there is no express choice of law, whether the parties have impliedly chosen the proper law; and (c) if there is no express or implied choice of law, the system of law with which the arbitration agree...
2020年1月18日 · In BNA v BNB and another [2019] SGCA 84 (“ BNA ”), the Singapore Court of Appeal overturned the High Court’s ruling and provided authoritative guidance on the applicable principles in determining the proper law of an arbitration agreement. I discussed the High Court’s decision and the factual background in an earlier post.
2022年6月10日 · The empirical research featured in this Special Issue is based on the Kluwer Arbitration Database (“Database”) and relies on a data set that includes all national court decisions on recognition, enforcement and setting-aside of international commercial arbitration awards available in the Database and rendered from January 1, 2010 ...
2024年6月8日 · The panel explored the nuances of the rule of law in arbitration, focusing on fraud, sanctions, and the enforcement of awards. Loukas Mistelis’ keynote address provided insight into the historical inception and global adaptation of the rule of law.
2023年8月10日 · Among the three DSU provisions on arbitration, Article 25 is the only provision that enables WTO Members to use arbitration as an independent means of dispute settlement (by contrast, arbitration under Articles 21.3 (c) and 22.6 can only be used in conjunction with litigation).
2020年10月11日 · When deciding on the proper law of the arbitration agreement, the Court of Appeal applied the English common law rules for resolving conflicts of law and established at the second stage of the inquiry that there is an implied choice for the seat, and this would be the general rule, subject only to any particular features of the case demonstratin...
2024年6月8日 · The panel explored the nuances of the rule of law in arbitration, focusing on fraud, sanctions, and the enforcement of awards. Loukas Mistelis’ keynote address provided insight into the historical inception and global adaptation of the rule of law.
