Author: FL
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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…
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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 “garnishee” was a third party who owed money to the judgment debtor. When the court…
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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 proceedings have become more pronounced. Expert witnesses can take on various roles, such as: The…
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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 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
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
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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Enforcement on Arbitral Awards
Enforcement Procedures of Arbitral Awards in Singapore So, you have won the arbitration case, but is it cause for celebration? Winning in arbitration is only part of the equation, because if the other side refuses to comply with the arbitration award, you are then faced with the next stage of the battle, which is that…
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Investment Treaty Arbitration
Investment treaty arbitration is a formal and binding international dispute resolution mechanism rooted in agreements, or treaties, made between two or more countries. These treaties establish rules for settling disputes concerning investments made by investors from these countries. Notably, they grant investors certain substantive protections and the right to directly file claims against host countries…