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    06:05 PM Darius Chan (Norton Rose Fulbright)

    Interpreting Contracts Under Singapore Law in International Arbitration — The Sequel

    Article 16(3) of the Model Law provides in relevant part that, “if the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party may request … the court … to decide the matter”. One question that arises is, to the extent issues of evidence arise, what rules of evidence should the court apply when “decid[ing] the matter”? Does the court apply national rules of evidence, ...

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    06:08 PM Kevin Elbert (Associate, OC Queen Street LLC)

    Whither Limit to the Tribunal's Case Management Powers: China Machine New Energy Corp v Jaguar Energy Guatemala LLC and another [2018] SGHC 101

    It is well accepted that an arbitral tribunal has a wide discretion over the procedural aspects of arbitral proceedings. This discretion ranges from deciding the timeline of the arbitration to parties' disclosure obligations to evidential matters. The recent Singapore High Court decision of China Machine New Energy Corp v Jaguar Energy Guatemala LLC and another [2018] SGHC 101 tests the limits of ...

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    05:29 PM Mahdev Mohan (Assistant Professor, Singapore Management University) and Siraj Shaik Aziz (Research Associate, Singapore Management University)

    A Quest for Ethical Regulation in Arbitration

    On 10 October 2017, members of the Singapore Institute of Arbitrators Working Group, comprising Mr Chan Leng Sun S.C, Mr. Mohan Pillay, Mr. Rian Matthews and Ms. Adriana Uson Ong (“the Working Group”), presented their draft Guidelines on Party Representative Ethics (“Draft SIArb Guidelines”) to SIArb members and Mr Gary Born, President of the Singapore International Arbitration Centre Court of Arb...

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    12:56 PM Tan Xi-en Rachel (Research Assistant at the Centre for International Law and Incoming Practice Trainee at Rajah and Tann LLP) and Professor Lucy Ferguson Reed (Director, Centre for International Law and Professor, NUS Faculty of Law)

    Developing Singaporean Jurisprudence on Reviewing Investor-State Arbitral Awards: Kingdom of Lesotho v Swissbourgh Diamond Mines (Pty) Limited and others [2017] SGHC 195

    Kingdom of Lesotho v Swissbourgh Diamond Mines (Pty) Limited and others (“Lesotho v Swissbourgh”) is the first case in which the Singapore High Court (“SGHC”) has set aside the final jurisdiction and merits award of an investor-State arbitral tribunal. The case was brought before the SGHC in Originating Summons No 492 (“OS 492”), in which the plaintiff, the Kingdom of Lesotho (“Lesotho”), successf...

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    04:40 PM Wu Junneng (LLB (Hons), University of Bristol)

    Shipowner’s lien and interim measures of protection in aid of International Arbitration – Reflections from The Moscow Star and Five Ocean Corp v Cingler Ship Pte Ltd

    National Courts are empowered to order interim measures of protection in aid of international arbitrations where the arbitral tribunal is unable to act effectively. This power applies equally to both seats and non-seats of arbitration. In Singapore, such interim measures of protection include inter alia making orders for preservation, interim custody or sale of any property which is, or forms, par...