In an ideal world, disputes would be resolved amicably, but in practice, adversarial methods like litigation and arbitration are often used. Arb-Med-Arb, short for Arbitration-Mediation-Arbitration, is a dispute resolution process that seeks to integrate mediation into the traditional arbitral process. The purpose of this approach is to provide parties with an additional opportunity to settle […]
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In international arbitration cases held in Singapore, the process of handling evidence differs from traditional court proceedings. Unlike in courts, there are no predefined rules of evidence that automatically apply in international arbitration. Instead, the treatment of evidence becomes the responsibility of the arbitral tribunal when there is no prior agreement between the parties on
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In the context of arbitration, parties involved in a legal dispute often face the decision of whether to seek interim measures. Interim measures of protection are temporary actions or orders that aim to safeguard the rights or property of one of the parties during the arbitration process. They serve as a kind of stopgap solution,
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If parties would like to commence arbitration at the Singapore International Arbitration Centre (SIAC), the first step is to ensure that there is a valid arbitration agreement in place. The arbitration agreement should clearly specify the disputes subject to arbitration and indicate that SIAC rules will govern the process. Parties should also check for any
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The Initial Hearing The initial hearing is often portrayed as an important moment in the arbitration process. During this hearing, the parties involved express their preferences regarding how the case should proceed and how decisions are made. It sets the stage by bringing together the arbitration tribunal and the involved parties. It is also a
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Previously in Singapore, when a creditor won a court judgment against a debtor, and the debtor did not follow the judgment’s terms, there were legal avenues to ensure compliance. One such method was through “garnishee proceedings.” In this context, a “garnishee” was a third party who owed money to the judgment debtor. When the court
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In recent years, arbitration has gained increasing popularity as a method for resolving international disputes. Given the diverse range of industries involved, such as construction, manufacturing, power supply, cryptocurrency and technology, the significance and prevalence of experts contributing to arbitral proceedings have become more pronounced. Expert witnesses can take on various roles, such as: The
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The success of an international arbitration case largely depends on the quality of the arbitrators involved. Arbitrators wield significant power in rendering binding decisions, and the parties involved have limited recourse to challenge or appeal an arbitration decision if the arbitrators fail to fulfil their responsibilities. Hence, the selection of an arbitrator assumes critical importance
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Litigation vs Arbitration for Resolving Legal Disputes When trying to resolve a dispute, arbitration and litigation stand out as two of the main ways for resolving legal conflicts. Litigation refers to the process of resolving disputes through court proceedings in the jurisdiction where the dispute arises, while international arbitration involves resolving disputes outside of national
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Effective Cross-Examining in International Arbitration: Key Strategies Cross-examining witnesses in international arbitration involves unique considerations that differentiate it from common law court proceedings. In this context, witnesses typically present written statements as their direct testimony instead of giving live testimony. Unlike traditional court trials that give priority to direct examination, international arbitration hearings place greater
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