Sarah Thomas on Arbitration Agreements

Singapore Court of Appeal Rules That the Law of the Arbitration Agreement Determines Arbitrability at the Pre-Award Stage

In Anupam Mittal v Westbridge Ventures II Investment Holdings, [2023] SGCA 1, the Singapore Court of Appeal (“SGCA”) held that the law governing the arbitration agreement governs arbitrability at the pre-award stage, and...more

1/19/2023 / Arbitration , Arbitration Agreements , Arbitration Awards , Arbitration Procedural Rules , International Arbitration , Singapore , UNCITRAL

Singapore Announces Amendments To Its International Arbitration Act

On September 1, 2020, Singapore’s Ministry of Law introduced an International Arbitration (Amendment) Bill (the “Bill”) that proposes two changes to the International Arbitration Act (“IAA”), which governs the conduct of...more

9/10/2020 / Arbitration , Arbitration Agreements , Arbitrators , Foreign Arbitration Clauses , International Arbitration , Multi-Party Litigation , Singapore

International Arbitration Update: Fourth Circuit Approves U.S. Discovery In Aid Of Foreign-Seated Private Commercial Arbitration,...

An important question in international arbitration is whether courts in the United States can order discovery in aid of foreign-seated arbitrations under 28 U.S.C. § 1782 (“Section 1782”). The law in this area is quickly...more

4/7/2020 / Arbitration , Arbitration Agreements , Arbitrators , Corporate Counsel , Hong Kong , International Arbitration

Malaysian Federal Court and English Court of Appeal Issue Rare Anti-Arbitration Injunctions

On July 1, 2019, in Jaya Sudhir a/l Jayaram v Nautical Supreme Sdn Bhd & Ors (Federal Court Civil Appeal No. 02(i)-83-09/2018(W)) (“Jaya Sudhir Jayaram”), the Federal Court of Malaysia granted an application by a non-party to...more

8/21/2019 / Arbitration , Arbitration Agreements , International Arbitration , Malaysia

BNA v BNB: Singapore High Court Upholds Tribunal's Jurisdiction by Interpreting Agreement for "Arbitration in Shanghai" to Provide...

On July 1, 2019, the Singapore High Court handed down its anonymized decision in BNA v BNB [2019] SGHC 142 (“BNA”). The case involved an application under section 10(3) of Singapore’s International Arbitration Act (“IAA”)...more

7/10/2019 / Arbitration , Arbitration Agreements , International Arbitration , Singapore

Guangdong DOJ Wades Into the Fray by Demanding That CIETAC Cease “Illegal Arbitration Activities” in Guangdong

On July 15, 2015, the PRC Supreme People’s Court (SPC) issued an interpretation clarifying various jurisdictional issues arising from the mid-2012 decision of the former South China and Shanghai Sub-Commissions of the China...more

10/19/2015 / Arbitration , Arbitration Agreements , Arbitration Awards , Cease and Desist , China , CIETAC , Department of Justice (DOJ) , Enforceability , Jurisdiction

SPC Issues Interpretation on Jurisdictional Issues Arising from CIETAC Split

In a welcome development, the PRC Supreme People’s Court (the “SPC”) issued on July 15, 2015 an interpretation addressing various jurisdictional issues arising from the decision in mid-2012 of the former CIETAC Shanghai and...more

8/5/2015 / Arbitration , Arbitration Agreements , China , CIETAC , Foreign Ownership , Jurisdiction

Sarah Thomas

Morrison & Foerster LLP

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