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20 Dec 2023

Arbitration insights from Singapore - 2023 arbitration case law from the Singapore courts

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Lead article: 2023 arbitration case law from the Singapore courts

In this December edition of Arbitration insights from Singapore, Singapore dispute resolution colleagues Daryll NgJustin GanRebecca CrookendenTiffany HandjajaHijazi Jaffarand I start by examining Singapore's continuing claim to be one of the leading global hubs for international dispute resolution.  

We then take the opportunity to analyse four of the key arbitration cases from the Singapore courts as the year draws to a close, which together provide points of guidance for the entire life-span of an arbitration. We look at the arbitrability of a dispute, when the confidential nature of an arbitration is lost, when records of a tribunal's deliberations might be disclosed and finally whether a party not named in an award can nevertheless enforce it.

We have also picked up on a series of set-aside applications heard by the Singapore Courts in the last two months, all of which were unsuccessful.

Clickhere for the full article.

Key developments in Singapore and England & Wales: SIAC, SICC, Arbitration Act 1996, the LCIA and the Hague Convention

In Singapore, the SIAC released the draft 7th edition of the SIAC rules. In large part, these draft rules look to improve the speed, efficiency, and cost-effectiveness of current procedures by, for example, broadening existing provisions on the expedited procedure and emergency arbitrations, introducing a new streamline procedure, and enhancing provisions relating to early dismissals and consolidation.

SIAC has also worked with the Singapore International Commercial Court to update the model law. Parties adopting the new model law will designate the International Commercial Court as the supervisory court to hear any applications related to the International Arbitration Act 1994.

In England, the Law Commission of England & Wales has published its final report on the Arbitration Act 1996, recommending changes in six key areas (amongst other minor changes). A draft bill accompanied the report. Whilst some of these changes will only codify the common law, other changes represent important developments in English arbitration law. For example, if adopted, arbitrators will have the power to summarily dispose of certain issues in a dispute.

In the new Schedule of Costs which will be effective from 1 December 2023, the LCIA have introduced a range of hourly charging rates for the tribunal, a new special fee for an emergency arbitrator and new hourly charging rates for the LCIA Secretariat.

Elsewhere, the UK has decided to join the Hauge Convention of 2019 on the Recognition and Enforcement of Foreign Judgments.

Market recognition: The Singapore office's International Arbitration team ranked Elite

We are delighted to announce that, last week, in the Chambers & Partners Asia-Pacific Legal Guide 2024, Stephenson Harwood's International Arbitration team in Singapore was included for the first time in the Asia-Pacific Singapore: Dispute Resolution: Arbitration: The Elite rankings. We are incredible proud of this achievement. Click here for the full rankings.

In addition, Singapore International Arbitration partner Christopher Bailey was ranked by Chambers as one of the leading arbitration lawyers in Singapore. This was Chris' 9th year of being ranked by Chambers. Click here for the full rankings. This comes hot on the heels of Chris having been ranked as a Recommended Global Leader in Who's Who Legal: Arbitration 2024. Click here for more details.

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