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    07:11 PM Wu Junneng and Tan Tian Hui (Rajah and Tann Singapore LLP)

    Of prima facie standard(s), bare arbitration clauses and constituting arbitral tribunals: KVC Rice Intertrade Co Ltd v Asian Mineral Resources Pte Ltd and another suit [2017] SGHC 32

    A bare arbitration clause is an arbitration clause that does not specify the place or means of appointing arbitrators. It may also not specify the seat of arbitration and in which case, two interesting questions arise. First, how is a Court that has yet to be seized with jurisdiction deal with a request to refer the dispute to arbitration? Second, what is the extent to which the International Arbi...

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    11:40 PM Darius Chan (Ascendant Legal LLC)

    Have the Singapore Courts Faltered in the Enforcement of Arbitration Agreements? TMT Co Ltd v The Royal Bank of Scotland plc [2017] SGHC 21

    In TMT Co Ltd v The Royal Bank of Scotland plc [2017] SGHC 21, the Singapore High Court took the view that an arbitration clause did not meet the prima facie standard to warrant a stay of court proceedings because it designated an inapplicable arbitral institution. Commentators have suggested that the decision is “surprising” and out of line with the prevailing judicial policy of upholding arbitr...

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    04:45 PM Kevin Elbert (Associate, OC Queen Street LLC)

    Not So Different After All: Sanum Investments Ltd v Government of the Lao People’s Democractic Republic [2016] SGCA 57

    Sanum Investments Ltd v Government of the Lao People’s Democractic Republic [2016] SGCA 57 (“Sanum CA”) is the first dispute brought pursuant to a bilateral investment treaty (“BIT”) to have ever reached the Singapore court. The Court of Appeal decision elucidates that, generally, the review of jurisdictional awards under investor-state dispute settlement (“ISDS”) is not significantly distinct fro...

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    04:25 PM Nicholas Poon (Advocate and Solicitor, Supreme Court of Singapore)

    The limits of a case management stay to enforce the contractual bargain under an arbitration agreement: Tomolugen Holdings Ltd and another v Silica Investors Ltd and other appeals [2015] SGCA 57

    Tomolugen Holdings Ltd and another v Silica Investors Ltd and other appeals [2015] SGCA 57 is, or will come to be recognised as in time, a ground-breaking decision, as far as Model Law and other similar jurisdictions go, not so much for the result in the case, but the reasoning and application of principles to the facts. ...

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    11:35 PM Kevin Elbert (Trainee Solicitor, Tan Rajah & Cheah)

    On The Nomenclature And Characterization Of Arbitral Awards: PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation [2015] 4 SLR 364

    The long-drawn dispute between PT Perusahaan Gas Negara TBK (“PGN”) and CRW Joint Operation (“CRW”), which spans over half a decade, has culminated in the latest Court of Appeal decision of PT. Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation [2015] 4 SLR 364. This Court of Appeal decision clarifies the dispute resolution mechanism under a FIDIC contract, the nomenclature and distinction ...