Mh selected-essays on ia

Arbitration Brief, 2014

2012

International and Comparative Law Quarterly, 2016

The jurisdictional framework of the Singapore courts has become more nuanced with the establishment of the Singapore International Commercial Court (SICC) on 5 January 2015 and the signing of the Hague Convention on the Choice of Court Agreements 2005 (Hague Convention) on 25 March 2015. Although the Hague Convention has yet to be incorporated in domestic law, it is expected this will happen in the near future. The SICC project, on the other hand, is part of Singapore's strategy to promote the jurisdiction as an international dispute resolution hub. In essence, the SICC is a domestic specialist court established to deal with international commercial litigation. Adapted from the arbitral model but underpinned by judicial control, central to the SICC framework are party autonomy and flexible procedural rules. The Hague Convention complements the SICC project by increasing the number of jurisdictions in which Singapore judgments will be recognized and enforced. These 2015 developme...

The Law Reviews, 2019

Pertanika Journal of Social Sciences and Humanities, 2021

In the recent two decades, the wave of globalisation has hit the Malaysian market. It hence contributes to the popularity of arbitration as the means to settle cross border commercial disputes. The existing literature concerned with Malaysia suggests that the recent trend in Malaysia is that arbitration has become the dominant choice of dispute resolution forum. Using qualitative and doctrinal methods, this paper seeks to analyse the regulatory framework for international commercial arbitration in Malaysia, before and after Malaysia’s accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (hereinafter, NYC 1958). The NYC 1958 is one of the most successful international treaties with 161 contracting States. The NYC 1958 aims to promote uniform practical procedures for the recognition and enforcement of foreign arbitral awards in its contracting States, irrespective seat of the awards. In doing so, the paper examines two significant pe...

International In-house Counsel Journal, 2020

Arbitration is not a new concept, in fact it has been used for centuries, with Plato writing about arbitration amongst the ancient Greeks. As international trade and commerce have grown over the past decades, the frequency of international arbitration proceedings has significantly increased since globalization of cross-border investments and trade has led to increased and ever more complex relationships between businesses, investors, and States. Hence, over the last 50 years or so, the international community has increasingly embraced arbitration, with many recognizing its importance as the primary means of resolving complex transnational disputes. For example, nearly half of the requests for arbitration filed with the International Chamber of Commerce (ICC) International Court of Arbitration since its creation in 1923 were filed in the 1980s with a steady increase in each decade thereafter with records in 2016 and 2017 and beyond.

ADR Bulletin, 2001

Arbitration is a dispute resolution mechanism where autonomy is the essence and efficiency is the comparative advantage, and where fairness is not the primary consideration, and judicial review is an important way to maintain the fairness of the award. However, in our legal context, different standards are applied to the setting aside of international and domestic commercial arbitration awards, resulting in an "inverse of fairness and efficiency". In order to resolve this disagreement, the viable solution is to improve the efficiency of domestic commercial arbitration. Specifically, the distinction between international and domestic commercial arbitration should be removed, and the relevant regime for international commercial arbitration should be applied to domestic commercial arbitration. This is a possible way to change the definition of international commercial arbitration because of the similarity in nature between international and domestic commercial arbitration, and because the current theoretical research on the subject is unclear and the definitions are confusing. In addition, the current economic development also calls for the efficiency of domestic commercial arbitration. What is more, the convergence of commercial arbitration has been in place since the New York Convention, which transformed the issue of "internationality" into one of "nationality". The Arbitration Law (Draft) provides a good institutional guarantee for the enforcement and supervision of commercial arbitration after the merger.

2021

Australian Centre for International Commercial Arbitration – Singapore International Arbitration Centre – Arbitration – Emergency Arbitrator – Interim Measures of Protection – Consolidation – Joinder – Confidentiality – Experts – Mediation – Judicialization of Arbitration – Popularity of Arbitration This article reviews the revised arbitration rules adopted by the Australian Centre for International Commercial Arbitration and the Singapore International Arbitration Centre. The rules of these prominent arbitration institutions are described, analysed and compared with each other. The authors concentrate on the most important revisions, including those relating to emergency arbitrators, interim measures of protection, and consolidation and joinder, among others. They argue that both sets of rules were revised to enhance procedural efficiency and to ensure international best practice in a world where arbitration is under fire for being too “judicialized”. The authors also consider why ...