Singapore High Court’s ruling on overlapping arbitration and jurisdiction clauses

A dispute resolution clause specifies the process, usually by way of litigation or arbitration, through which parties wish to resolve a dispute between them. A dispute resolution clause must be drafted with essential clarity and certainty; otherwise parties may have no choice but to argue about the dispute resolution clause itself.

The recent decision of the Singapore High Court in Silverlink Resorts Limited v MS First Capital Insurance Limited [2020] SGHC 251 concerned the ironic situation where one clause in the contract refers disputes to arbitration, while another clause refers to litigation.

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Singapore’s mandatory breach notification regime is now in force

From 1 February 2021, most of the recent amendments to the Personal Data Protection (Amendment) Act 2020 (No. 40 of 2020) are now in force. The amendments update Singapore's regulatory framework and seek to balance economic needs with the protection of consumers' data rights.

The amendments have four primary aims:

  1. Strengthening consumer trust through organisational accountability;

  2. Ensuring the effectiveness of enforcement;

  3. Enhancing consumer autonomy; and

  4. Supporting data use for innovation.

Some key sections, including those covering data portability and the increase in the amounts of fines, are not yet in force but we expect that they will be implemented this year.

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Singapore introduces default procedure for multi-party arbitration appointments

The Singapore government has amended its International Arbitration Act (SIAA) to introduce a default procedure for appointment of arbitrators in multi-party arbitrations.

The amendments also give Singapore-seated arbitral tribunals and the Singapore High Court the power to enforce confidentiality obligations.

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Michael Hwang joins arbitration tribunal looking into Amazon-Future dispute

Amazon had dragged Future to arbitration at the SIAC after the indebted Kishore Biyani group firm signed a pact to sell retail, wholesale, logistics and warehousing units to billionaire Mukesh Ambani's Reliance in August last year. The e-commerce major's argument is that Future violated the contract by entering into the deal with rival Reliance.

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Singapore's arbitration court sets up panel for final verdict on Amazon-Future case

There will be two members in the arbitration panel when the case will come up for hearing in the next few weeks, says a person aware of the development

US-based e-commerce giant Amazon.com NV Investment Holdings LLC and Kishore Biyani-founded Future Group are gearing up for the final battle at the Singapore International Arbitration Centre (SIAC) over Future Group’s ₹24,713-crore deal with Asia’s richest man Mukesh Ambani-owned Reliance Industries Ltd. This, as SIAC formed its panel on Tuesday to pass its final judgement on the high-profile arbitration case between Amazon and Future Group.

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Singapore arbitration centre opens New York office, achieves record caseload

SINGAPORE - The Singapore International Arbitration Centre (SIAC) opened a representative office for the Americas in New York last week, with a record-breaking announcement that its 2020 caseload had crossed the 1,000 mark.

It registered 1,005 cases for the first 10 months of this year, which is more than double the annual caseload of 400 in each of the last few years.

The new office, its fifth outside Singapore, will also further bolster its reputation as an international arbitration institution that will have a global reach, lawyers told The Straits Times on Friday (Dec 11 ).

Law and Home Affairs Minister K. Shanmugam said as much at the virtual launch of the New York office when he noted that one of the biggest users of the SIAC are parties from the United States (US).

The largest number of cases in 2018 came from US parties, he said, pointing out that they have consistently been one of SIAC's top 10 foreign users in the last five years.

"It has been SIAC's intention for some time now to open an office in the US. There is significant demand, as seen from the caseload breakdown since 2014. US direct investments in the Asia-Pacific exceed US$800 billion (S$1 billion) and that is expected to grow further."

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He also said that "in this part of the world, arbitration has become an extremely important means of resolving disputes which may arise from investments.

"If you look around Asia, I think most people would agree SIAC is considered the top arbitral institution."

SIAC's four offices in Asia are located in India (which has two offices), South Korea and China.

The SIAC, viewed as a crown jewel in Singapore's legal landscape, is led by Senior Counsel Davinder Singh, who is chairman of the SIAC board of directors, and Mr Gary Born, president of the SIAC Court of Arbitration.

SIAC counsel Adriana Uson will head the New York office, which will serve as a springboard to foster deeper ties with users in the Americas, who will benefit from real-time access to SIAC.

Mr Born said the US was picked for its first office outside Asia as American users have found SIAC arbitration conducive to the resolution of their business disputes.

"This year more than 500 US parties already have arbitrated their disputes under the SIAC arbitration rules. We look forward to working with our colleagues in the US and Latin America," he added.

Mr Singh said the choice of New York is an acknowledgement that the Americas will be shaping much of the future of international arbitration. "The opening of our New York office is our way of showing our many friends and supporters in the Americas that they matter to us."

SIAC chief executive officer Lim Seok Hui said the opening of the office, coupled with the crossing of the symbolic 1,000-case threshold and a record number of US parties at SIAC, "will firmly motivate us to do better".

Industry players say the New York office underscored SIAC's continuing prominence as an international arbitration institution with a global reach. It is no longer a national institution serving a limited, regional market, they added.

"The New York openingis in line with SIAC's remarkable landmark in recording over 1,000 cases this year and potentially overtaking other premier international arbitration institutions," said Mr Chou Sean Yu, WongPartnership's head of litigation and dispute resolution.

"This record is another testament to the growth of Singapore as a dispute resolution hub, which has come about from the tremendous investment made by the Government and various stakeholders in the legal industry," he added.

Source: https://www.straitstimes.com/singapore/sia...

Arbitral rules - The season of change continues: ICC Arbitration Update

On 1 December 2020, the ICC International Court of Arbitration launched its revised ICC Arbitration Rules (the “Rules”), which will apply to arbitrations submitted to the ICC Court from 1 January 2021. Although the revised Rules do not represent wholesale change, the Rules do aim to provide for greater efficiency, flexibility and transparency in arbitrations conducted under the Rules. Some of the themes are also present in the updated LCIA Rules 2020 and in the forthcoming updated Rules anticipated from the Singapore International Arbitration Centre (“SIAC”).

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Arbitrating Intellectual Property Disputes: Lessons from Hong Kong and Singapore

Alternative dispute resolution (ADR) is growing in popularity as a method of resolving intellectual property (IP) disputes across the globe. This is evident from the rising number of cases handled by the WIPO Arbitration and Mediation Centre over the past few years, from 136 cases in 2017, to 155 in 2018, to 178 in 2019.[1] Outside of arbitration and mediation, domain name dispute resolution (DNDR) administrative processes are quickly becoming a preferred method to deal with trademark disputes involving online domain names, with 3,074 cases filed with WIPO in 2017, 3,452 in 2018 and 3,693 in 2019.[2]

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