Author: FL
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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…
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Mastering Witness Preparation in International Arbitration: Navigating Global Perspectives and Strategies for Success
Being a witness and providing evidence in an arbitration proceeding can be an intimidating experience. Naturally, witnesses would want to familiarise themselves with the process and accurately recall the relevant facts or events. Witnesses often rely on legal counsel to assist them in understanding the legal proceedings and shaping their testimony. However, in certain jurisdictions,…
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HKIAC or SIAC? Comparing Asia’s Premier Arbitration Centres
HKIAC or SIAC? Comparing Asia’s Premier Arbitration Centres When it comes to resolving international disputes in Asia, two prominent arbitration powerhouses, the Hong Kong International Arbitration Centre (HKIAC) and the Singapore International Arbitration Centre (SIAC), stand out. As parties seek an optimal venue for their arbitration matters, it becomes crucial to weigh the pros and…
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Guidelines to Drafting International Arbitration Clauses
Hastily incorporated arbitration agreements can prove counterproductive, amplifying the time, cost, and intricacy involved in resolving disputes. However, a well-crafted arbitration agreement holds the potential to mitigate these risks. The foundation of any arbitration agreement lies in the mutual consent of all parties involved, selecting arbitration as the preferred means of dispute resolution over state…