An oral arbitral award on liability? Continue reading “WORD OF MOUTH”
Tag: arbitration
HALF PREGNANT
Can a party be regarded as having acceded to the jurisdiction of the arbitral tribunal for a particular application made in the arbitration, despite having objected to the jurisdiction of the tribunal over the arbitration as a whole? Apparently so. Continue reading “HALF PREGNANT”
CONVERGENCE
Great minds think alike! A convergence of judicial opinion occurred in June 2024 – the Privy Council and the Malaysian Court of Appeal concurrently but independently arrived at common ground on what constitutes a “disputed” debt for winding-up proceedings when there is an arbitration clause in play. Continue reading “CONVERGENCE”
STOPPING TIME
An arbitration was commenced outside the limitation period, after a court action – which was filed in time – was stayed. Is the claimant time barred? That depends on when time stopped to run … Continue reading “STOPPING TIME”
ROUNDABOUT
Can the winner of a foreign arbitration seek to enforce the arbitral award in Malaysia as a foreign judgment, after converting the award to a judgment abroad? If so, in resisting enforcement of the judgment, can the losing party raise grounds for challenging the award? Apparent so, says the Court of Appeal in Tumpuan Megah Development Sdn Bhd v ING Bank NV [2024] CLJU 42. Continue reading “ROUNDABOUT”
NO FREE RIDES
One of the common frustrations faced by a claimant in arbitration proceedings is having to deal with a recalcitrant respondent who refuses to pay the deposit required by the arbitral institution or tribunal. More often than not, in the interests of time, the claimant would have to fork out the money to pay the respondent’s portion of the deposit in order not to delay the proceedings.
Can the claimant refuse to pay the respondent’s portion and proceed to litigate in court instead of continuing with the arbitration? If it does so, can the respondent obtain a stay of the court proceedings on the basis that the dispute should be arbitrated despite previously refusing to pay the arbitration deposit? These issues were recently dealt with in a seminal judgment given by the Court of Appeal in JSB v ACSB [2023] 1 LNS 2176. Unless otherwise stated, the paras referred to below shall mean paras in this Court of Appeal judgment.
How to Neuter an Arbitration Clause – Part 2: Positions in Singapore & UK
In our previous post, we discussed the Malaysian position in Kebabangan which decided that a failure or delay by a respondent to pay its portion of the arbitration security deposit amounted to a repudiatory breach that rendered the arbitration agreement inoperative. On the same topic, we will now explore the Singapore position in Heartronics Corporation v EPI Life Pte Ltd and others [2017] SGHCR 17 (“Heartronics”) which also referred to the English position in BDMS Ltd v Rafael Advanced Defence System [2014] All ER (D) 244 (“BDMS”). Continue reading “How to Neuter an Arbitration Clause – Part 2: Positions in Singapore & UK”
How to Neuter an Arbitration Clause
Will a failure or delay by a respondent to pay its portion of the security deposit for the arbitration render the arbitration agreement inoperative? Continue reading “How to Neuter an Arbitration Clause”
THE SEAT & THE BENCH
In Masenang Sdn Bhd v Sabanilam Enterprise Sdn Bhd [2021] 9 CLJ 1, the Federal Court clarified that (i) the concept of the seat of arbitration applies to domestic arbitrations; (ii) the seat must be designated as a place within a country (and not the entire country); and (iii) the seat determines which High Court has exclusive supervisory jurisdiction over the arbitration (as opposed to the factors usually applicable in other types of civil proceedings).
INTERIM MEASURE INCOMPATIBLE WITH POWERS OF COURT (与法庭权限不匹配的临时措施)
(Chinese translation below by Low Kian Seng)
Enforcement of an arbitral tribunal interim measure was refused in a recent case for being incompatible with the powers of Court.
Continue reading “INTERIM MEASURE INCOMPATIBLE WITH POWERS OF COURT (与法庭权限不匹配的临时措施)”