Articles
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What Is an Arbitration Clause? Common Clauses Explained + Examples
Written by Nicolas Tang Most commercial contracts contain a dispute resolution clause, and in many cross-border agreements, that clause provides for arbitration. An arbitration clause is one of the most important provisions in any contract, yet it is also one…
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Arbitration vs Litigation vs Mediation: What Are the Differences?
Written by Nicolas Tang When a business relationship breaks down or a contractual obligation goes unmet, most people assume that going to court is the only option. In practice, litigation is just one of three principal ways to resolve a…
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What is Arb-Med-Arb?
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. …
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Navigating Rules of Evidence in International Arbitration – A Spotlight on Singapore
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…
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Interim Measures in International Arbitration
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…
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How to Commence Arbitration
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…
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Hearings in International Arbitration
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…
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Enforcing Court Orders Under the Rules of Court 2021
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…
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The Role of Expert Witnesses in International Arbitration
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…
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Selecting the Right Arbitrator for Your Case
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…