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Articles & Publications

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Interim Relief in International Arbitration

INTERIM RELIEF IN INTERNATIONAL ARBITRATION Steven Lim; Partner Clyde & Co Clasis Singapore; 1. I will address in this short paper what standards and guidelines should be applied in determining interim relief in international arbitrations and whether there is any difference between the standards a tribunal and a national court might apply to this determination. ...

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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...

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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 ...

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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 Sing...

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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 consultatio...

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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...

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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...

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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 a...

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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...

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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...

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