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Case Note: Misconduct Of Proceedings By An Arbitrator
By Rajah & Tann
In the recent decision of Koh Brothers Building &
Civil Engineering Contractor Pte Ltd v Scotts Development (Saraca)
Ltd (2002), the Singapore High Court found in favour of the
applicant-contractor that an arbitrator of proceedings that the
applicant-contractor was party to had misconducted itself. The
decision was important for the applicant-contractor as it was
seeking an interim award of some S$1.7 million which the arbitrator
had decided against awarding. Rajah & Tann acted for the
applicant-contractor. The Court's decision dealt with the important
issue of when an arbitrator misconducts proceedings.
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Article
Singapore As A Forum For Arbitration
By Rajah & Tann
The growth of Singapore's reputation and influence
in this arena has been immeasurably aided by the establishment
of the Singapore International Arbitration Centre ('SIAC') in
July 1991 and the enactment by the Singapore legislature of the
International Arbitration Act ('IAA') in 1994 incorporating the
UNCITRAL Model Law on Commercial Arbitration. This article will
take a look at both the SIAC and the IAA, the enforcement of
arbitral awards in Singapore, as well as other reasons that have
contributed to the establishment of Singapore as a centre for
arbitration.
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Article
The Effect Of The International Arbitration
Act On Contractually Specified Arbitral Rules
By Rajah & Tann
In international arbitrations, it is common for
parties to specify in the arbitration agreement what arbitral
rules are to apply to the arbitration proceedings. However,
international arbitrations are also governed by the International
Arbitration Act ('IAA') which specifies its own rules and
procedures. This article considers the interaction between the
rules and the procedures specified in the IAA and the
contractually stipulated arbitral rules and the extent to which
the statutory procedures continue to apply in the event of a
discrepancy between the two rules, or where there is a lacuna in
the contractually specified rules.
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Article
Case Note: The Confidentiality Of Arbitration Proceedings
By Rajah & Tann
As opposed to litigation, arbitration proceedings
have always been considered to be private in nature. Indeed, this
has always been touted as being one of its advantages. However,
does this translate into an obligation of confidentiality that
binds the parties to the arbitration and the arbitrator? This
article will examine two main English cases on this point, and
also look at the Singapore position. It will then suggest
practical approaches to dealing with the confidentiality issue.
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Article
Arbitration As A Method Of Dispute Resolution
By Rajah & Tann
Arbitration is a dispute resolution method whereby
parties agree in writing to refer existing or future disputes
between them to be heard by a third party. The third party is
appointed by the consent of both parties. Unlike litigation,
arbitration is conducted outside the publicity and formality of
the courts of law and increasingly, arbitration is becoming
popular as an alternative to litigation in resolving commercial
disputes. This article introduces various types of arbitration,
highlights the advantages and disadvantages of arbitration as a
dispute resolution method compared to litigation, and introduces
some prominent international arbitration bodies and the
procedural rules used by them.
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Article
Case Note: Appeal From An Arbitrator's
Decision As To His Own Jurisdiction
By Rajah & Tann
Both the International Arbitration Act and the
Arbitration Act provide that an arbitrator can rule on a
question of his own jurisdiction. In this regard, the position
is similar to sections 30 and 31 of the English Arbitration Act.
This article discusses the interpretation of sections 30 and 31
by the English Court of Appeal in LG Caltex Gas Co Ltd v China
National Petroleum Company & Anor [2001] ('Caltex Gas') which
clarifies the extent of an arbitrator's power to rule on his
own jurisdiction. It then considers the implications of this
case for arbitrations in Singapore.
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Article
New Arbitration Law for the Philippines:
Republic Act 9285
By Leslie Chew, SC
In Feb 2004, the Congress of the Philippines
passed into law a new act to among other things adopt
the UNCITRAL Model Law as the law for international
commercial arbitrations.
The new Act, sets out in Chapter 4 thereof, the provisions
which either adopt the principles underlying the Model
Law or cross-refer to the specific Articles in the Model
Law. Chapter 7 of the Act deals with the recognition
and enforcement of foreign arbitral awards. This part
of the Act of course gives effect to the New York Convention,
1958 under Philippine law.
With the passing of the Republic Act 9285, the Philippines
may be said to have finally joined the ranks of those
jurisdictions which provide for and is supportive of
international commercial arbitrations and the UNCITRAL
Model Law.
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Article
Thailand's New Arbitration Regulations
By Dr Andreas Respondek
Arbitration is of special significance
in Thailand in view of the fact that Thailand has not
signed any international treaties for the mutual recognition
of decisions from foreign courts. Likewise, judgements
from courts outside of Thailand cannot per se be enforced
in Thailand due to a lack of mutual recognition of judgements
with other countries. However, Thailand is a signatory
of the New York Convention that facilitates the enforcement
of (international) arbitral awards in Thailand and Thai
arbitral awards abroad.
About two and a half years (30.04.2002), Thailand enacted
a completely revised Arbitration Act (B.E. 2545) which
is drafted with a view to the UNCITRAL model rules.
The attached article aims to provide a brief overview
of the new Act.
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Article
The Role of National Law in International
Commercial Arbitrations - The Singapore Experience
By Leslie Chew, SC
With the increasing use of commercial
arbitration as a means of resolving international business
disputes, the question arises as to the role of national
courts in the resolution of cross-border disputes where
arbitration has been adopted as the means of resolving
the dispute.
Often, international commercial arbitrations seem to
operate totally outside the jurisdiction or indeed have
nothing to do with national courts. This is of course,
a misconception.
Firstly, every arbitration must take place in a venue,
which will be in a particular national territory. By
definition, the law and hence the courts of that territory
will have both jurisdiction and power over aspects of
the arbitration conducted in their territory. Secondly,
the raison de'tre of International Commercial Arbitration
is the enforcement of the arbitral award. Recognition
and enforcement of an arbitral award must necessarily
involve national law.
It is thus clear that National Courts have an important
role to play in international commercial arbitrations.
This paper outlines the Singapore Experience.
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Article
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Annex to Article
Can Cross-Fertilisation of Arbitration,
Adjudication and Mediation Processes Result in More
Effective Resolution of Construction Disputes?
By Eugenie Lip
The growing complexity of construction
contracts and construction projects procured under a
myriad of arrangements requires more than just looking
at dispute resolution processes separately and distinctly.
Unless the construction dispute is simple and straightforward
which is often not the case, selecting the most appropriate
technique cannot always be determined by a catch-all
dispute resolution procedure. This paper considers whether
the interchangeability of dispute resolution processes
can provide a backdrop to resolving construction conflict
and differences faster and more efficiently without
the unnecessary delay and expense.
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Article
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