Author: FL
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The 2024 HKIAC Administered Arbitration Rules: What Parties Need to Know
Parties to arbitration cases typically arrive at this topic in two situations: they are either drafting or negotiating an arbitration clause and want to know what referring to Hong Kong International Arbitration Centre (HKIAC) and its rules will mean; or their contract already contains an HKIAC clause and a dispute has arisen (or may arise), and…
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Enforcement of Arbitral Awards in Singapore
An arbitral award is only valuable if it can be converted into something with real legal effect: the ability to seize assets, garnish accounts, or compel payment. This article explains the enforcement framework under Singapore law, the process involved, and the defences that may be available. 1. What is an Arbitral Award? An arbitral award…
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SIAC Preliminary Determination: Early Binding Rulings Under Rule 46 of the SIAC Rules 2025
1. What Is a Preliminary Determination? In a typical arbitration, all issues are resolved jointly at the end of the arbitration. Both parties exchange evidence, filing submissions, and attending hearings, and the tribunal issues a single award covering all the issues in dispute. Sometimes, however, a particular issue sits at the threshold of the entire…
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What Is an Arbitration Clause? Common Clauses Explained + Examples
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 of the most frequently overlooked by parties who are not legally trained. This article explains what an arbitration clause…
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Arbitration vs Litigation vs Mediation: What Are the Differences?
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 commercial dispute: the other two are arbitration and mediation, both of which are forms of alternative dispute resolution (ADR).…
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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. The purpose of this approach is to provide parties with an additional opportunity to settle…
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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 responsibility of the arbitral tribunal when there is no prior agreement between the parties on…
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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 of the parties during the arbitration process. They serve as a kind of stopgap solution,…
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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 and indicate that SIAC rules will govern the process. Parties should also check for any…
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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 stage by bringing together the arbitration tribunal and the involved parties. It is also a…