Understanding the Differences in Legal Landscapes Hong Kong and Singapore share some similarities in their legal systems, as they are both rooted in the English common law tradition. Singapore’s regulations are renowned for their pro-business nature. The city-state consistently ranks high in ease of doing business indices. It’s known for its transparent, streamlined, and efficient…
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SIAC Model Arbitration Clause: What You Need To Know
The Singapore International Arbitration Centre (SIAC) has established itself as a prominent player in the field of arbitration institutions. It is ranked as the most popular seat in Asia and the second most popular globally, according to a 2021 survey by Queen Mary University of London. SIAC’s caseload has also been consistently increasing, with 469…
Strategic Considerations: Determining the Number of Arbitrators and Structuring Your Arbitration Clause
In today’s complex legal landscape, the benefits of arbitration over traditional forms of dispute resolution like litigation have become increasingly apparent. Among the numerous advantages it offers, one stands out as paramount: the freedom for parties to handpick a neutral decision maker which they both trust implicitly. This individual holds the key to delivering a…
Jurisdictional Challenges to Arbitral Awards
Introduction In this comprehensive examination, the focus is primarily on procedural issues concerning the validity of arbitral awards as addressed by the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) and similar instruments. One of the most common reasons for challenging the validity of an arbitral award is…
Guidelines to Drafting International Arbitration Clauses
Hastily incorporated arbitration agreements can prove counterproductive, amplifying the time, cost, and intricacy involved in resolving disputes. However, a well-crafted arbitration agreement holds the potential to mitigate these risks. The foundation of any arbitration agreement lies in the mutual consent of all parties involved, selecting arbitration as the preferred means of dispute resolution over state…
HKIAC or SIAC? Comparing Asia’s Premier Arbitration Centres
When it comes to resolving international disputes in Asia, two prominent arbitration powerhouses, the Hong Kong International Arbitration Centre (HKIAC) and the Singapore International Arbitration Centre (SIAC), stand out. As parties seek an optimal venue for their arbitration matters, it becomes crucial to weigh the pros and cons of each institution. In this article, we…
Do I Need to Engage Arbitration Counsel?
Well, the short answer is that it depends. Generally speaking, even though it is cheaper to handle an arbitration case by yourself, because of the unique and often challenging nature of arbitration, parties should consider hiring arbitration counsel to represent their interests. This article will discuss the role of arbitration counsel and the benefits of…
Here’s What To Do If You Receive A “Without Prejudice” Letter
Introduction A without prejudice letter is a legal term that is usually used to settle legal disputes. These letters are protected by the Evidence Act, which states that such letters cannot be considered evidence in court. This means that if the case goes to court, both parties would not be able to use these letters…
Affidavits in Singapore: A Complete Guide
Introduction An affidavit is a signed statement that is sworn on oath and has to be made voluntarily without coercion. If found otherwise, the affidavit would be considered invalid. This article will guide you through the process of making an affidavit and what you can expect. What is an affidavit used for? An affidavit is…
Breach Of Fiduciary Duties In Singapore: What You Need To Know
Introduction It is not uncommon to read of corporate directors (or others in positions of power) who violate their fiduciary duties by misusing their influence to earn personal gains. Breach of fiduciary duty can result in financial losses for the organization, as well as a drop in the value of shareholders’ interests. In these situations,…