Mrs. Grace Antonia

Managing Director

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Articles & Publications

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The SIAC Emergency Arbitrator Experience

THE SIAC EMERGENCY ARBITRATOR EXPERIENCE Vivekananda N., Deputy Registrar & Head (South Asia), Singapore International Arbitration Centre (SIAC); An earlier version of this article was published in the CDR Magazine. Parties rarely want to be engaged in an international dispute. People and companies want to get on with their business and not have to tussle with one another. Litigation or arbitration, by all means, is a harrowing experience. Personal passions apart, being involved in an international arbitration is rarely a matter of...

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SC Limits Scope of Public Policy in Foreign Arbitral Awards

SC LIMITS SCOPE OF PUBLIC POLICY IN FOREIGN ARBITRAL AWARDS Vyapak Desai, Partner, Nishith Desai Associates; Payel Chatterjee,  Nishith Desai Associates; Ashish Kabra, Nishith Desai Associates; “PATENT ILLEGALITY NOW NOT A SWORD ON ENFORCEMENT OF FOREIGN AWARDS”INTRODUCTION Recent judicial rulings are helping India to shed its anti-arbitration image, and emerge as a favorable jurisdiction for enforcement of international arbitral awards. The 2012 landmark decision of the Supreme Court of India (“Supreme Court”) in Bharat Aluminium Company v. Kaiser Aluminium Technical Services Inc1...

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To “Seat” or not to “Seat”: Art Thou Relevant !!

Nakul Dewan, Counsel, Allen & Gledhill LLP, Singapore | Advocate, India. IntroductionWilliam Shakespeare’s soliloquy from Hamlet is an apt expression for parties who end up with the wrong seat of arbitration, by either having failed to make a choice or making the wrong one. Two recent decisions from the highest courts in India and Singapore, reverberated in the international arbitration community, have gone into the relevance of choosing a seat in an international arbitration as the basis for their...

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Derivatives Arbitration is on the Rise in Singapore

Kabir Singh, Counsel, Clifford Chance Asia; Matthew Brown, Associate, Clifford Chance Asia; Introduction The ISDA Annual General Meeting was hosted in Singapore in April 2013 and one of the hot topics discussed by delegates was the review by ISDA of its Master Agreement to include model arbitration clauses.Following an in-depth consultation with ISDA members, ISDA’s newly released 2013 ISDA Arbitration Guide includes a new set of model clauses, along with a supplemental guide presenting an overview of the key features of...

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Developments for Arbitration of financial Sector Disputes

Andrew Pullen, Counsel, Allen & Overy, Singapore1; Introduction Arbitration is indispensable to international commerce. A recent survey by Queen Mary, University of London recorded that arbitration is the preferred form of resolving international disputes for the majority of in-house counsel (52% of whom said it was their first choice).2 Parties in the financial services sector took longer than most to warm to arbitration as a means of resolving disputes, but the use of arbitration in this sector is rising. This article...

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Financial Transactions in a Borderless World: The Movement towards Arbitration in OTC Derivatives

Nicholas Thio, Associate, Dispute Resolution and Litigation, Norton Rose Fulbright (Asia) LLP; Kirsty McAllister-Jones, Associate, Banking and Finance, Norton Rose Fulbright (Asia) LLP; Introduction Arbitration, a method of dispute resolution conducted through a privately constituted tribunal, has long been preferred over court litigation in many types of financial transactions. In the insurance sector and some areas of the banking sector, the standard method of dispute resolution has for some time been international arbitration. However, until recently, there have been limitations...

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Singapore as a Seat for Investor-State Disputes

Vivekananda N., Head (South Asia) and Counsel, SIAC; Jagdish John Menezes, SIAC; IntroductionAs the global economy recovers from the financial crisis of 2008, foreign investments have gained momentum. These are facilitated and protected in part by the 2833 bilateral investment treaties (“BITs”) and 331 multilateral international investment agreements (“IIAs”) presently in force, as per the United Nations Conference on Trade and Development (UNCTAD) Investment Report, 2012.Such treaties provide investors with a number of substantive rights to protect investments. The six main...

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Impact of BALCO on right to ship arrest in India

Abha Pareek, Assistant Counsel, SIAC; Siddharth Ranka, Associate, Bose & Mitra & Co, Mumbai; Introduction: The recent BALCO[1] decision of the Supreme Court of India (the "Supreme Court") has, already, been widely discussed and scrutinized[2]. In this article we move a step further and analyse the impact the BALCO decision may have on the right of invoking the admiralty jurisdiction in India in aid of a foreign arbitration seated outside India. In India, a party has the right to invoke the Admiralty Jurisdiction of the...

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Lessons from the BALCO Dicta of the Indian Supreme Court

A modified version of this article was first published in the Corporate Disputes Magazine of the Financier Worldwide which is available here  Vivekananda N., Head (South Asia) & Counsel, SIAC; International consciousness that India is an arbitration unfriendly jurisdiction has existed for some time now. This feeling owes in part to seemingly interventionist judicial views, in part to the delays that are oft complained of about the Indian judicial system and in part to the lack of infrastructure necessary for an arbitration friendly destination....

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Enforceability Of Put And Call Options In India In The Current Regulatory Environment

ENFORCEABILITY OF PUT AND CALL OPTIONS IN INDIA IN THE CURRENT REGULATORY ENVIRONMENTPoornima Hatti ^Partner, Narasappa, Doraswamy & RajaNeela Badami ^Senior Associate, Narasappa, Doraswamy & Raja Introduction Put and call options are extremely popular exit mechanisms for investors in India – both domestic and foreign, and in different types of transaction structures including joint ventures (“JV”), private equity (“PE”), venture capital (“VC”) and angel investments. In layman’s terms, a ‘put’ option enjoyed by A against B is A’s option to sell a certain...

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