Category: Arbitration – Procedure & Fundamentals
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HKIAC 2025 Statistics: Institutional Trends, China Interim Measures, and Practical Implications
HKIAC has released its 2025 case statistics, reporting 388 arbitrations with US$16.2 billion in total dispute value. This article examines the key statistics in context, comparing them against prior years and analysing their practical implications. 1. Caseload Growth and International Character HKIAC has established itself as a leading arbitration institution for Asia-Pacific disputes, with particular…
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Calderbank Offers in Singapore: Rules, Procedure, and Key Considerations
Settlement offers can directly affect who pays legal costs at the end of a dispute. One of the most practical tools available in Singapore arbitration cases is the Calderbank offer, which is a type of settlement proposal that can be used later to argue that the other side should pay your legal costs because they…
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Single Arbitration Under Multiple Contracts in SIAC: Rules, Procedure, and Key Considerations
1. What Is a Single Arbitration Under Multiple Contracts A single arbitration under multiple contracts is an arbitration in which the claimant brings claims arising under two or more separate contracts in one proceeding from the outset. Rather than filing separate Notices of Arbitration for each contract, the claimant files one Notice covering all the…
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Navigating the Consolidation of SIAC Arbitrations: Strategic and Procedural Insights
1. What Is Consolidation of Arbitration Cases Consolidation is the process of combining two or more separate arbitrations into a single proceeding. After consolidation, the disputes are heard together by one tribunal, and the tribunal issues a single award resolving all the consolidated claims. Consolidation is distinct from: Consolidation results in a single arbitration. The…
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Joinder of Additional Parties in SIAC Arbitration: Rules, Procedure, and Key Considerations
1. What Is Joinder of Arbitration Cases Joinder is the process of adding a party to an arbitration that has already commenced. The additional party was not named in the original Notice of Arbitration but is brought in because it (or he or she) is alleged to be bound by the arbitration agreement or because…
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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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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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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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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,…