Dispute Adjudication Board s Decision Under FIDIC s 1999 Red Book Not Enforceable By Arbitration
|
|
- Fay Davis
- 6 years ago
- Views:
Transcription
1 Dispute Adjudication Board s Decision Under FIDIC s 1999 Red Book Not Enforceable By Arbitration Introduction The recent decision of the Singapore High Court in PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation [2010] SGHC 202 illustrates the importance of appreciating that not all arbitration agreements operate in the same manner and that in some, there might be conditions to be satisfied before a dispute becomes referable to arbitration. Parties should also understand that even where the contract envisages decisions being made by an engineer, superintending officer or a disputes board, and that such decisions are given contractually binding effect, there is a difference between referring the disputes underlying such decisions to arbitration and enforcing such decisions. In this case, the High Court affirmed that a decision of the Dispute Adjudication Board ( DAB ) under Clause 20.4 of the 1999 FIDIC Red Book ( 1999 Red Book ), though binding on parties, is nonetheless not enforceable by arbitration. Essentially, there are two broad categories of disputes referable to arbitration under the 1999 Red Book: a. disputes referred to the DAB whose decision has been challenged and hence, not final and binding (such a decision is only binding pending revision in arbitration); and b. disputes relating to the enforcement and compliance of a DAB decision which has become final and binding. There is no third category where a binding but not final DAB decision can be referred to arbitration by way of enforcement. In this case, the respondent ( CRW ) obtained a favourable ruling by the DAB which ordered the applicant ( PGN ) to pay a certain amount of monies to it. PGN challenged the DAB decision. Because of this challenge, the DAB decision does not have a final and binding effect. In the meantime, PGN did not comply with the DAB decision. CRW therefore tried to enforce the DAB decision by way of arbitration. It therefore referred to arbitration - not the underlying dispute Rajah & Tann LLP
2 which formed the decision of the DAB but rather - the question whether PGN was obliged to comply with the DAB decision. The tribunal was of the view that PGN was so obliged and issued an award requiring PGN to make immediate payment to CRW ( Award ). PGN then applied via Originating Summons for the Award to be set aside. The Court set aside the Award and held that the tribunal exceeded its power by rendering a final award pertaining to a dispute that was not referred first to the DAB pursuant to the Conditions of Contract. What the respondent could have done was to challenge the underlying disputes and not to frame the dispute as one pertaining to CRW s obligations to make immediate payment (which was never referred to the DAB). The Court highlighted that the adjudication of the immediate payment issue without confirming the correctness of the DAB Decision would be tantamount to converting the binding but not final DAB decision into a final arbitration award and ignoring the dispute resolution provisions of the Conditions of Contract. Brief Facts (1) PGN and CRW entered into a contract whereby CRW undertook to construct a gas transmission pipeline for PGN ( Contract ). The Contract adopted the standard provisions of the Federation Internationale des Ingenieurs Conseils ( FIDIC ) Conditions of Contract for Construction (1st Edition, 1999) ( 1999 Red Book ), with some modifications made thereto by the parties ( Conditions of Contract ). The Conditions of Contract provided for the mechanism for resolving disputes between the contracting parties. (2) A dispute subsequently arose between the parties, prompting them to refer the dispute to a DAB pursuant to sub-clause 20.4 of the Conditions of Contract. (3) The DAB rendered several decisions, all of which were accepted by PGN except for that ordering it to pay CRW US$17.2 million ( DAB Decision ). PGM then filed a Notice of Dissatisfaction ( NOD ) alleging amongst others that the DAB Decision was excessive in that it was for an amount greater than that claimed by CRW. (4) As PGN did not comply with the DAB decision, CRW filed a request for arbitration with the International Chamber of Commerce International Court of Arbitration ( ICC ) purportedly pursuant to clause 20 of the Conditions of Contract. CRW resorted to arbitration notwithstanding the NOD because in its view, PGN remained obliged to perform its obligation under the DAB Decision to pay CRW the sum of US$17.2 million. According to CRW, PGN s refusal to pay that sum caused a second dispute between the parties and it was this second dispute that it wanted the Arbitral Tribunal to resolve. (5) At the hearing of the arbitration case, the Arbitral Tribunal considered the issue of whether CRW was entitled to immediate payment of the subject amount. 2 Rajah & Tann LLP
3 (6) The Arbitral Tribunal concluded that the DAB Decision was binding on the parties and that PGN had an obligation to make immediate payment to CRW under the Contract ( Award ). (7) CRW went on to register the Award in Singapore as a judgment by way of an order of court ( Registration Order ). (8) PGN, in addition to filing a separate application to set aside the Registration Order, filed a separate application to set aside the Award. The application to set aside the Registration Order was adjourned pending the outcome of the application to set aside the Award. Issue The Singapore High Court had to determine whether the Award ought to be set aside on the following grounds: (i) the Arbitral Tribunal exceeded its jurisdiction or mandate; and (ii) the arbitral procedure was not in accordance with the agreement of the parties. Holding of the Court The Court allowed the application to set aside the Award pursuant to Article 34(2)(a)(iii) of the UNCITRAL Model Law on International Commercial Arbitration ( Model Law ). The crux of the present dispute was the proper interpretation of the dispute resolution clause of the Conditions of Contract. Specifically, the Court pointed out that the bone of contention in the present case concerned the admissibility of a reference to international arbitration of any dispute which had not yet become final and binding. Contractual Framework for Resolving Disputes In order to better understand the dispute in the present case, it would help to know the contractual framework for resolving disputes as stipulated in the Conditions of Contract. Sub-clause 20.4 provides that the DAB, after receiving the referred dispute for adjudication, shall give its stated decision within a stipulated period. The DAB s decision shall be binding on both parties, who shall promptly give effect to it unless and until it shall be revised in an amicable settlement or an arbitral award pursuant to sub-clause The DAB decision becomes final and binding upon both parties if no NOD is given by either party within a stipulated period. Sub-clause 20.5 allows parties to amicably settle their dispute before the commencement of arbitration. However, unless both parties agree otherwise, arbitration may be commenced after the lapse of a certain prescribed period, even if no attempt at amicable settlement has been made. Subclause 20.6 states that unless settled amicably, any dispute in respect of which the DAB s decision (if any) has not become final and binding shall be finally settled by international arbitration. Under 3 Rajah & Tann LLP
4 this sub-clause, the arbitrators are authorised to open up, review and revise any decision of the DAB that is relevant to the dispute. The last relevant sub-clause, sub-clause 20.7, provides that in the event that: (i) neither party has given NOD within the period set out in sub-clause 20.4; (ii) the DAB s decision has become final and binding; and (iii) a party fails to comply with the DAB Decision, then the other party may refer the failure itself to arbitration under sub-clause This sub-clause expressly excludes sub-clause 20.4 and Arbitral Tribunal Acted in Excess of its Powers Article 34(2)(a)(iii) of the Model Law, incorporated into Singapore legislation as the First Schedule to the Act, provides for the ground for setting aside an arbitral award. The Court explained that two situations may fall within the ambit of article 34(2)(a)(iii) of the Model law. The first contemplates the common situation where an award is made by a tribunal which had jurisdiction to deal with the dispute, but exceeded its powers by looking into matters that had not been submitted to it for resolution (citing Nigel Blackaby, Constantine Partasides with Alan Redfern and Martini Hunter, Redfern and Hunter on (Oxford University Press, Fifth Ed at para 10.39). The second situation is where the dispute referred to the arbitrators is one that was not within the parties arbitration agreement or that went beyond the scope of that agreement. The arbitration commenced by CRW was made under sub-clause 20.6 which provides that any dispute in respect of which the DAB s decision (if any) has not become final and binding shall be finally settled by arbitration. What this means is that before a dispute can be subject to arbitration, it must first have been referred to the DAB. It is to be understood by the wording of sub-clause 20.6 that the DAB decision that a party intends the arbitral tribunal to review is that which had been referred to it for resolution. In the present case, the dispute which CRW wanted the Arbitral Tribunal to resolve (ie the second dispute ) was whether it was entitled to immediate repayment by PGN of the sum set out in the DAB Decision. Clearly, this dispute as regards the immediate enforceability of the DAB Decision was not a dispute relating to the DAB Decision. Not only was the second dispute a different dispute from that original one brought before the DAB, it was in fact a dispute that had not yet been referred to the DAB. What CRW could have done was to challenge the DAB Decision on whether CRW was indeed entitled to the sum which the DAB had decided was due. However, CRW tried to limit the dispute to only whether payment of the subject sum should be made immediately and, in doing so, wrongly relied on sub-clause As correctly argued by PGN, the powers of the arbitrators as set out in sub-clause 20.6 did not include the power to direct PGN to make immediate payment of the subject sum without a review on the merits of the case confirming the correctness of the DAB Decision. The Court noted that an adjudication on the second dispute without confirming the correctness of the DAB Decision would be tantamount to converting the binding but not final decision (ie DAB Decision) into a final arbitration award and ignoring the dispute resolution provisions of the Conditions of Contract. 4 Rajah & Tann LLP
5 Based on the foregoing, the Court held that the Arbitral Tribunal exceeded its powers because it rendered a final award pertaining to (i) a dispute (ie the second dispute ) that was not referred first to the DAB, given that before a dispute can be subject to arbitration, it must have been referred to the DAB and a NOD must have been served within the stipulated period; and (ii) a dispute that was not within the scope of the arbitration provision of the Conditions of Contract. Enforcing a Binding but not Final Decision The Court in the present case stressed that based on the Conditions of Contract, only a final and binding DAB Decision may be enforced by reference to arbitration. There are instances, however, where a DAB Decision may be binding (as is evident from the wording in sub-clause 20.4: The decision shall be binding on both parties, who shall promptly give effect to it ) but may not be final as when a valid NOD is filed and served. In such situations, what is the recourse of the winning party against the losing party who fails to give prompt effect to the DAB Decision? The Court observed that there appears to be a lacuna in the Red Book in so far as it does not confer an express right on the winning party to refer the matter to arbitration. To address this gap, the Court suggested that the winning party can ask the arbitral tribunal to review and confirm the DAB Decision. It may then include a claim for an interim award vis-à-vis the DAB Decision to be enforced, stating the amount to be paid as set out in the DAB Decision. The amount paid out is liable to be returned to the payer, depending on the outcome of the review of the DAB Decision by the arbitral tribunal. Concluding Words It was highlighted in this case that parties must pay attention to the arbitration clause of the agreement that they may enter into. This is important because the arbitration clause defines the scope of the dispute that may be referred to arbitration, ie the nature and / or kind of disputes that the arbitration clause covers. The arbitration clause also provides for the requisites or steps that must be undertaken before referring a matter to arbitration. Non-compliance with the agreed arbitral procedure is a ground to set aside an arbitral award. 5 Rajah & Tann LLP
6 Contacts Chong Yee Leong Partner D (65) F (65) yee.leong.chong@rajahtann.com Chua Kee Loon Partner D (65) F (65) kee.loon.chua@rajahtann.com Sim Chee Siong Partner D (65) F (65) chee.siong.sim@rajahtann.com Please feel free to also contact the Knowledge and Risk Management Group at eoasis@rajahtann.com Rajah & Tann LLP is one of the largest law firms in Singapore, with a representative office in Shanghai and an associate firm, Kamilah & Chong, in Kuala Lumpur. It is a full service firm and given its alliances, is able to tap into resources in a number of countries. Rajah & Tann LLP is firmly committed to the provision of high quality legal services. It places strong emphasis on promptness, accessibility and reliability in dealing with clients. At the same time, the firm strives towards a practical yet creative approach in dealing with business and commercial problems. The information contained in this Update is correct to the best of our knowledge and belief at the time of writing. The contents of the above are intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice for any particular course of action as the information above may not necessarily suit your specific business and operational requirements. It is to your advantage to seek legal advice for your specific situation. In this regard, you may call the lawyer you normally deal with in Rajah & Tann LLP or the Knowledge & Risk Management Group at eoasis@rajahtann.com 6 Rajah & Tann LLP
Interim Award In Multi-Tier Dispute Resolution Clauses
Interim Award In Multi-Tier Dispute Resolution Clauses The Singapore s Court of Appeal has recently ruled on the enforceability of Interim Awards in multi-tier dispute resolution clauses. The Court in
More informationThe Scope Of A Director s Right To Inspect Company Accounts
The Scope Of A Director s Right To Inspect Company Accounts Introduction A director of a company has the right, under section 199 of the Singapore Companies Act and common law, to inspect the company s
More informationInsurer Liable To Indemnify Main Contractor For Sub-contractor Worker s Injury
Insurer Liable To Indemnify Main Contractor For Sub-contractor Worker s Injury Introduction Mohammed Shahid Late Mahabubur Rahman v Lim Keenly Builders Pte Ltd (Tokio Marine Insurance Singapore Ltd, third
More informationLegal Business. Arbitration As A Method Of Dispute Resolution
Memoranda on legal and business issues and concerns for multiple industry and business communities Arbitration As A Method Of Dispute Resolution 1 Rajah & Tann 4 Battery Road #26-01 Bank of China Building
More informationForce Majeure Clause Triggered By Indonesian Sand Ban
Force Majeure Clause Triggered By Indonesian Sand Ban Introduction Following the Indonesian sand ban of 2007, parties to a number of construction and supply agreements found the status of their concrete
More informationCourt Of Appeal Rules On What Constitutes Reasonable Mitigation Of Losses
Court Of Appeal Rules On What Constitutes Reasonable Mitigation Of Losses Introduction Where there is a breach of contract, the innocent party is required to act reasonably to mitigate its losses. This
More informationClient Update February 2006
Highlights Memorandum And Articles Of Association... 1 When Do The Memorandum And The Articles Of Association Need To Be Amended?... 1 Par Value... 2 Treasury Shares... 3 Reduction Of Capital... 3 Other
More informationWhen An Agreement Is Binding Or Subject To Contract
When An Agreement Is Binding Or Subject To Contract Introduction In the course of negotiations, parties may come to an oral agreement, which may or may not envisage the execution of subsequent documentation.
More informationClient Update August 2009
giv Highlights Introduction...1 Brief Facts...1 Holding On Appeal...3 Concluding Words...8 Termination Of Contract Under Common Law: Is It A Defence That The Party Seeking To Terminate Was Itself Guilty
More informationAugust Over the months, Monetary Authority of Singapore ( MAS ) has
Proposals For The Implementation Of Basel II In Singapore Phase 1 Overview... 1 The Structure Of The New Rules... 1 Part I Introduction Part II Definitions Of Terms Part III Scope Of Application Part IV
More informationCONTENTS. KLRCA ARBITRATION RULES (As revised in 2017) UNCITRAL ARBITRATION RULES (As revised in 2013) SCHEDULES. Part I. Part II.
CONTENTS Part I KLRCA ARBITRATION RULES (As revised in 2017) Part II UNCITRAL ARBITRATION RULES (As revised in 2013) Part III SCHEDULES Copyright of the KLRCA First edition MODEL ARBITRATION CLAUSE Any
More informationLegal Digest. Development In The Law Relating To Nominee Directors (Part II) Kala Anandarajah and Foo E Lin
An online repository of various articles published by our lawyers Development In The Law Relating To Nominee Directors (Part II) Kala Anandarajah and Foo E Lin 1 Rajah & Tann 4 Battery Road #26-01 Bank
More informationTITLE VII RULES OF PROCEDURE FOR INTERNATIONAL COMMERCIAL ARBITRATION MODEL CLAUSE
TITLE VII RULES OF PROCEDURE FOR INTERNATIONAL COMMERCIAL ARBITRATION MODEL CLAUSE "Any dispute or difference regarding this contract, or related thereto, shall be settled by arbitration upon an Arbitral
More informationARBITRATION ACT. Act No: 10/2013 ARBITRATION ACT Maldivian Government Gazette Volume 42 Edition rd July 2013
ARBITRATION ACT Act No: 10/2013 ARBITRATION ACT Maldivian Government Gazette Volume 42 Edition 102 3 rd July 2013 Chapter I Preamble Introduction & Title 1 (a) This Act lays out the principles for the
More informationMEMORANDA FOR CLAIMANT
607C THE FIFTH ANNUAL INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION MOOT COMPETITION MEMORANDA FOR CLAIMANT On Behalf of Energy Pro Inc. 28 Ontario Drive Aero Street Syrus CLAIMANT Against CFX Ltd 26 Amber
More informationClient Update May 2007
Contacts Highlights Amendments Pursuant To Companies (Amendment) Act... 1 Announcement Of Grants Of Employee Share Options... 1 Trading Halt, Suspension And Cash Companies... 2 Going Concern... 2 Public
More informationThe Insurance Act Is Substantially Amended
The Act Is Substantially Amended Introduction...1 Intermediaries...2 Export Credit Insurers...2 Exemptions For Captive Insurers Foreign Schemes Acutarial Certification Assistance To Foreign Regulatory
More informationDisclosure Of Professional Fee Arrangements To Scheme Creditors And The Court
Disclosure Of Professional Fee Arrangements To Scheme Creditors And The Court Introduction The issue in The Royal Bank of Scotland NV v TT International Ltd [2012] SGCA 53 centered on whether a success-based
More informationArbitration and Conciliation Act
1 of 31 20-11-2012 21:02 Constitution of Nigeria Court of Appeal High Courts Home Page Law Reporting Laws of the Federation of Nigeria Legal Education Q&A Supreme Court Jobs at Nigeria-law Arbitration
More informationArbitration Act of Angola Republic of Angola (Angola - République d'angola)
Arbitration Act of Angola Republic of Angola (Angola - République d'angola) VOLUNTARY ARBITRATION LAW (Law no. 16/03 of 25 July 2003) CHAPTER I THE ARBITRATION AGREEMENT ARTICLE 1 (The Arbitration Agreement)
More informationNETHERLANDS - ARBITRATION ACT DECEMBER 1986 CODE OF CIVIL PROCEDURE - BOOK IV: ARBITRATION TITLE ONE - ARBITRATION IN THE NETHERLANDS
NETHERLANDS - ARBITRATION ACT DECEMBER 1986 CODE OF CIVIL PROCEDURE - BOOK IV: ARBITRATION TITLE ONE - ARBITRATION IN THE NETHERLANDS SECTION ONE - ARBITRATION AGREEMENT AND APPOINTMENT OF ARBITRATOR Article
More informationUNCITRAL ARBITRATION RULES
UNCITRAL ARBITRATION RULES (as revised in 2010) Section I. Introductory rules Scope of application* Article 1 1. Where parties have agreed that disputes between them in respect of a defined legal relationship,
More informationARBITRATION ACT 2005 REVISED 2011 REGIONAL RESOLUTION GLOBAL SOLUTION
ARBITRATION ACT 2005 REVISED 2011 REGIONAL RESOLUTION GLOBAL SOLUTION According to Section 3(1) of the Arbitration (Amendment) Act 2018 [Act A1563] and the Ministers appointment of the date of coming
More informationClient Update February 2007
Highlights Financial Sectors & Institutions Affected...1 Key Features Of The Notices And Guidelines...2 More Rigorous Customer Due Diligence (CDD) Measures...3 Risk-Based Approach To CDD...5 CDD In Cross-Border
More informationARBITRATION RULES LJUBLJANA ARBITRATION RULES. Dispute Resolution Since 1928
ARBITRATION RULES Ljubljana Arbitration Centre AT the Chamber of Commerce and Industry of Slovenia LJUBLJANA ARBITRATION RULES Dispute Resolution Since 1928 Ljubljana Arbitration Centre at the Chamber
More informationCommercial Arbitration Act Unofficial Translation of the new Venezuelan Commercial Arbitration Act
Commercial Arbitration Act Unofficial Translation of the new Venezuelan Commercial Arbitration Act By Victorino J. Tejera-Pérez in collaboration with Tom C. López Chapter I General Provisions Article 1.
More informationSingapore Competition Appeal Board Reduces Financial Penalties Imposed On Modelling Agencies
Singapore Competition Appeal Board Reduces Financial Penalties Imposed On Modelling Agencies Introduction On 22, the Singapore Competition Appeal Board ( CAB ) published its decision in two appeals made
More information969. Pursuant to Article 95 item 3 of the Constitution of Montenegro, I hereby adopt DECREE ON THE PROMULGATION OF THE LAW ON ARBITRATION
969. Pursuant to Article 95 item 3 of the Constitution of Montenegro, I hereby adopt DECREE ON THE PROMULGATION OF THE LAW ON ARBITRATION I hereby promulgate the Law on Arbitration adopted by the 25 th
More informationArticle 7 - Definition and form of arbitration agreement. Article 8 - Arbitration agreement and substantive claim before court
UNCITRAL Model Law on International Commercial Arbitration (1985) (as adopted by the United Nations Commission on International Trade Law on 21 June 1985) CHAPTER I - GENERAL PROVISIONS Article 1 - Scope
More informationBelgian Judicial Code. Part Six: Arbitration (as amended on December 25, 2016)
Chapter I. General provisions Art. 1676 Belgian Judicial Code Part Six: Arbitration (as amended on December 25, 2016) 1. Any pecuniary claim may be submitted to arbitration. Non-pecuniary claims with regard
More informationARBITRATION ACT B.E.2545 (2002) BHUMIBOL ADULYADEJ, REX. Given on the 23rd Day of April B.E. 2545; Being the 57th Year of the Present Reign.
ARBITRATION ACT B.E.2545 (2002) ------- BHUMIBOL ADULYADEJ, REX. Given on the 23rd Day of April B.E. 2545; Being the 57th Year of the Present Reign. His Majesty King Bhumibol Adulyadej is graciously pleased
More informationPart VII. Part V of the Polish Code of Civil Procedure Arbitration. [The following translation is not an official document]
Part VII Part V of the Polish Code of Civil Procedure Arbitration [The following translation is not an official document] 627 Polish Code of Civil Procedure. Part five. Arbitration [The following translation
More informationUkrainian Chamber of Commerce and Industry. Legal Acts. THE LAW OF UKRAINE ON INTERNATIONAL COMMERCIAL ARBITRATION
Page 1 of 10 THE LAW OF UKRAINE ON INTERNATIONAL COMMERCIAL ARBITRATION (As amended in accordance with the Laws No. 762-IV of 15 May 2003, No. 2798-IV of 6 September 2005) The present Law: - is based on
More informationMAS Implements Changes to the Regulatory Regime for Fund Management Companies
MAS Implements Changes to the Regulatory Regime for Fund Management Companies Introduction The Monetary Authority of Singapore (the MAS ) announced on 6 that the new enhanced regulatory regime for fund
More informationThe Incorporation of Standard Terms into a Concluded Agreement
The Incorporation of Standard Terms into a Concluded Agreement Introduction A contracting party s standard terms and conditions often form a vital part of its business practice. However, its incorporation
More informationPERMANENT COURT OF ARBITRATION ARBITRATION RULES 2012
PERMANENT COURT OF ARBITRATION ARBITRATION RULES 2012 Effective December 17, 2012 TABLE OF CONTENTS Section I. Introductory rules...5 Scope of application Article 1...5 Article 2...5 Notice of arbitration
More informationArbitration CAS 2010/A/2078 Gabros International Football Club v. Hertha BSC Berlin, award of 16 November 2010
Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2010/A/2078 Panel: Mr Mark Hovell (United Kingdom), Sole Arbitrator Football Transfer Withdrawal of the offer before its acceptance
More information2018 DIS ARBITRATION RULES. First Edition
2018 DIS ARBITRATION RULES First Edition 2018 DIS ARBITRATION RULES Effective as of 1 March 2018 Introduction The German Arbitration Institute (DIS) is Germany s leading institution for alternative dispute
More informationARBITRATION RULES OF THE PDRCI (Effective as of 1 January 2015)
ARBITRATION RULES OF THE PDRCI TABLE OF CONTENTS Section I: Introductory Provisions Model Arbitration Clause: Article 1 - Scope of Application Article 2 - Notice and Calculation of Period of Time Article
More information10th Anniversary Edition The Baker McKenzie International Arbitration Yearbook. Myanmar
10th Anniversary Edition 2016-2017 The Baker McKenzie International Arbitration Yearbook Myanmar 2017 Arbitration Yearbook Myanmar Myanmar Leng Sun Chan SC 1, Jo Delaney 2 and Min Min Ayer Naing 3 A. Legislation
More informationTrusts over Shares: Rights of Trustees and Beneficiaries
Trusts over Shares: Rights of Trustees and Beneficiaries Introduction Trusts over company shares are potentially complex, particularly where disputes or probate issues come into play. This was the case
More informationARBITRATION RULES OF THE MAURITIUS INTERNATIONAL ARBITRATION CENTRE
ARBITRATION RULES OF THE MAURITIUS INTERNATIONAL ARBITRATION CENTRE Effective 27 July 2018 TABLE OF CONTENTS Section I. Introductory rules... 4 Scope of application Article 1... 4 Article 2... 4 Notice
More informationIntroduction to Construction Arbitration
Introduction to Construction Arbitration ASA B40 Spring Seminar, Geneva 8 June 2018 Rebecca Major, White & Case Overview: I. How are construction projects organised? II. III. What are the typical issues
More informationBusiness Finance & Insolvency Law Developments in 2011
Law Developments in 2011 Introduction 2011 saw many important legal developments in the area of business finance and insolvency law both internationally as well as in Singapore. Over the course of the
More informationARBITRATION ACT, B.E (2002) BHUMIBOL ADULYADEJ, REX. Given on the 23rd Day of April B.E. 2545; Being the 57th Year of the Present Reign.
ARBITRATION ACT, B.E. 2545 (2002) BHUMIBOL ADULYADEJ, REX. Given on the 23rd Day of April B.E. 2545; Being the 57th Year of the Present Reign. Translation His Majesty King Bhumibol Adulyadej is graciously
More informationIN THE COURT OF APPEAL. ARCELORMITTAL POINT LISAS LIMITED (formerly CARIBBEAN ISPAT LIMITED) Appellant AND
TRINIDAD AND TOBAGO IN THE COURT OF APPEAL Civil Appeal No: 211 of 2009 BETWEEN ARCELORMITTAL POINT LISAS LIMITED (formerly CARIBBEAN ISPAT LIMITED) Appellant AND STEEL WORKERS UNION OF TRINIDAD AND TOBAGO
More informationAALCC Dispute Settlement and the UNCITRAL Arbitration Rules
Berkeley Journal of International Law Volume 4 Issue 2 Fall Article 7 1986 AALCC Dispute Settlement and the UNCITRAL Arbitration Rules B. Sen Recommended Citation B. Sen, AALCC Dispute Settlement and the
More informationTHE COMMERCIAL ARBITRATION LAW OF THE KINGDOM OF CAMBODIA
KINGDOM OF CAMBODIA NATION RELIGION KING THE COMMERCIAL ARBITRATION LAW OF THE KINGDOM OF CAMBODIA Adopted by The NATIONAL ASSEMBLY Phnom Penh, March 6 th, 2006 THE COMMERCIAL ARBITRATION LAW OF THE KINGDOM
More informationARBITRATION ACT. May 29, 2016>
ARBITRATION ACT Wholly Amended by Act No. 6083, Dec. 31, 1999 Amended by Act No. 6465, Apr. 7, 2001 Act No. 6626, Jan. 26, 2002 Act No. 10207, Mar. 31, 2010 Act No. 11690, Mar. 23, 2013 Act No. 14176,
More informationBest Practices in Arbitration for Hospitality Cases
Mr. Pucciarelli Hospitality Law Best Practices in Arbitration for Hospitality Cases Pros and Cons of Arbitration Compared to Mediation, Expert Determination and Litigation By Albert Pucciarelli, Partner,
More informationICC INTERNATIONAL CHAMBER OF COMMERCE ARBITRATION RULES
APPENDIX 3.7 ICC INTERNATIONAL CHAMBER OF COMMERCE ARBITRATION RULES (as from 1 January 2012) Introductory Provisions Article 1 International Court of Arbitration 1. The International Court of Arbitration
More informationFinal Settlement of Disputes on Existence and. UNCITRAL Model Law
Final Settlement of Disputes on Existence and Arbitration Agreements under the Of Effect of UNCITRAL Model Law Submitted By Kokushikan University, General Manager of Arbitration Department Tokyo, Japan
More informationMay Introduction
Part XIII Of The Securities And Futures Act And New Regulations Come Into Force On 1 July 2002 Introduction... 1 Overview... 1 Changes To Matters For Disclosure And The Prospectus Registration Process...
More informationOTC Derivatives Reporting And Clearing Legislation Takes Effect
OTC Derivatives Reporting And Clearing Legislation Takes Effect Introduction The following legislation has taken effect from 31 October 2013, ushering in a new regulatory regime for the reporting and clearing
More informationFRANCHISING DISPUTES IN INDIA CHOICES DICTATE THE CONSEQUENCES
CHOICES DICTATE THE CONSEQUENCES Divya Sharma, Bird & Bird LLP, London, UK This article analyses the factors franchisors should take into account when choosing an appropriate dispute resolution mechanism
More informationVoting Rights of Bondholders and Trustees in Restructuring Proceedings
Voting Rights of Bondholders and Trustees in Restructuring Proceedings Introduction Bonds are a common asset class in many investment portfolios. However, unlike a standard loan where a lender has direct
More information1985 UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION (WITH AMENDMENTS AS ADOPTED IN 2006)
APPENDIX 2.1 1985 UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION (WITH AMENDMENTS AS ADOPTED IN 2006) (As adopted by the United Nations Commission on International Trade Law on 21 June 1985
More informationAN ACT STATEMENT OF MOTIVES
(S. B. 2011) (No. 10-2012) (Approved January 5, 2012) AN ACT To enact the Puerto Rico International Commercial Arbitration Act ; and for other purposes. STATEMENT OF MOTIVES The environment in which international
More informationArbitration and Conciliation Act
Arbitration and Conciliation Act Chapter A18 Laws of the Federation of Nigeria 2004 Arrangement of Sections Part I 1 Form of arbitration agreement. 3 Death of party. Arbitration 2. Arbitration agreement
More informationForm-73 APPEAL TO BE FILED BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Form-73 APPEAL TO BE FILED BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION BEFORE THE HON BLE STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT ----------. Appellant -Vs- Respondent Appeal under
More informationARBITRATION AND CONCILIATION ACT
ARBITRATION AND CONCILIATION ACT Arrangement of Sections Part I Arbitration Arbitration Agreement 1 Form of arbitration agreement. 4 Arbitration agreement and substantive claim before Court. 2 Arbitration
More informationCorporate & Capital Markets. Acts Amending The Securities And Futures Act And Financial Advisers Act Passed
January 2005 Acts Amending The Securities And Futures Act And Financial Advisers Act Passed Please feel free also to contact the Knowledge & Risk Management Group at eoasis@rajahtann.com The Securities
More informationUniversity of Macau Faculty of Law. International Business Law Master and Postgraduate Program 2008/2009
University of Macau Faculty of Law International Business Law Master and Postgraduate Program 2008/2009 Course: Dispute Resolution Course Code: MMIB/PLIB 014 Prof. Muruga Perumal and Prof. Gui Conde e
More informationRULES OF ARBITRATION OF AMCHAM PERU (In force from September 1, 2008)
RULES OF ARBITRATION OF AMCHAM PERU (In force from September, 008) INDEX Introductory Notes RULES OF ARBITRATION OF AMCHAM PERU INTRODUCTORY PROVISIONS Article The International Arbitration Center Article
More informationFinnish Arbitration Act (23 October 1992/967)
Finnish Arbitration Act (23 October 1992/967) Comments of the Secretariat of the United Nations Commission on International Trade Law (UNCITRAL) on the basis of the unofficial translation from Finnish
More informationArbitration Rules of the Sharm El-Sheikh International Arbitration Centre
Arbitration Rules of the Sharm El-Sheikh International Arbitration Centre CHAPTER ONE: GENERAL PROVISIONS Article 1: Definitions Article 2: Scope of Application Article 3: Exoneration of Responsibility
More informationTHE ASSOCIATION OF ARBITRATORS (SOUTHERN AFRICA)
THE ASSOCIATION OF ARBITRATORS (SOUTHERN AFRICA) RULES FOR THE CONDUCT OF ARBITRATIONS 2013 EDITION STANDARD PROCEDURE RULES (ANNOTATED VERSION, SHOWING DIFFERENCES TO UNCITRAL ARBITRATION RULES, 2010)
More informationRULES OF INTERNATIONAL COMMERCIAL ARBITRATION
RULES OF INTERNATIONAL COMMERCIAL ARBITRATION SANTIAGO ARBITRATION AND MEDIATION CENTER Santiago Arbitration and Mediation Center - Santiago Chamber of Commerce Registry of Intellectual Property N 154771,
More informationMEMORANDUM PART A - OVERVIEW OF THE INSURANCE ACT AND THE INSURANCE (LLOYD'S ASIA SCHEME) REGULATIONS
DATE: 19 OCTOBER 2009 MEMORANDUM SUBJECT : OVERVIEW OF THE SINGAPORE INSURANCE ACT, THE INSURANCE (LLOYD S ASIA SCHEME) REGULATIONS AND OTHER LEGISLATION AND ISSUES RELEVANT TO THE TERMS OF BUSINESS AGREEMENT
More informationINTERNATIONAL COMMERCIAL ARBITRATION IN SWEDEN
INTERNATIONAL COMMERCIAL ARBITRATION IN SWEDEN PROF. DR KAJ HOBER Partner, Mannheimer SwartlingAdvokatbyra OXPORD UNIVERSITY PRESS CONTENTS Table of Cases Table of Legislation XV xxiii 1 Introduction 1.1
More informationNetherlands Arbitration Institute
BOOK FOUR - ARBITRATION TITLE ONE - ARBITRATION IN THE NETHERLANDS SECTION ONE - ARBITRATION AGREEMENT Article 1020 (1) The parties may agree to submit to arbitration disputes which have arisen or may
More informationINTERNATIONAL ARBITRATION ACT
INTERNATIONAL ARBITRATION ACT Act 37 of 2008 1 January 2009 ARRANGEMENT OF SECTIONS PART I PRELIMINARY 1. Short title 2. Interpretation 3. Application of Act PART II INITIATION OF PROCEEDINGS 4. Arbitration
More informationSWEDISH SUPREME COURT
Page 1 (8) DECISION of the SWEDISH SUPREME COURT Case No. decided in Stockholm on 4 May 2018 Ö 3626-17 APPELLANT Belaya Ptitsa - Kursk, 1154614000012 306800, Kursk Region Kommunen Gorshechenskiy Katyusin
More informationTURKCELL v. THE ISLAMIC REPUBLIC OF IRAN & BILATERAL INVESTMENT TREATIES
Page1 October 22, 2014 14TH BI-WEEKLY NEWS & ANALYSIS OF THE INTERNATIONAL LAW OFFICE DR. BEHROOZ AKHLAGHI & ASSOCIATES TURKCELL v. THE ISLAMIC REPUBLIC OF IRAN & BILATERAL INVESTMENT TREATIES Gist of
More informationBusiness Finance & Insolvency Law Developments In 2010
Law Developments In 2010 Introduction 2010 saw many important legal developments in the area of business finance & insolvency law both internationally as well as in Singapore. We set out below a summary
More informationArbitration Act of Slovenia Republic of Slovenia (Slovénie - République de Slovénie)
Arbitration Act of Slovenia Republic of Slovenia (Slovénie - République de Slovénie) LAW ON ARBITRATION Adopted by the State Council of the Republic of Slovenia on 25 April 2008 CHAPTER I GENERAL PROVISIONS
More informationRULES OF ARBITRATION 2016
RULES OF ARBITRATION 2016 CONTENTS Article 1 Scope of Application... 3 Article 2 Composition of the Arbitral Tribunal... 3 Article 3 Appointment of the Arbitral Tribunal... 3 Article 4 Appointment and
More informationየ}hhK < ¾ÓMÓM Å w The Revised Arbitration Rules
የAዲስ Aበባ ንግድና የዘርፍ ማህበራት ምክር ቤት የግልግል ተቋም The Addis Ababa Chamber of Commerce and Sectoral Associations Arbitration Institute የ}hhK < ¾ÓMÓM Å w The Revised Arbitration Rules November 25,2008 The Addis
More informationCANADIAN RAILWAY OFFICE OF ARBITRATION & DISPUTE RESOLUTION CASE NO Heard in Montreal, Tuesday, 11 September 2012.
CANADIAN RAILWAY OFFICE OF ARBITRATION & DISPUTE RESOLUTION CASE NO. 4134 Heard in Montreal, Tuesday, 11 September 2012 Concerning CANADIAN NATIONAL RAILWAY COMPANY And UNITED STEELWORKERS UNION LOCAL
More informationArbitration CAS 2013/A/3283 Fudbalski klub Partizan v. Sao Caetano Futebol LTDA, award of 1 April 2014
Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2013/A/3283 award of 1 April 2014 Panel: Prof. Martin Schimke (Germany), President; Mr Bernhard Heusler (Switzerland); Mr David
More informationProposed Palestinian Law on International Commercial Arbitration
Case Western Reserve Journal of International Law Volume 32 Issue 2 2000 Proposed Palestinian Law on International Commercial Arbitration Palestine Legislative Council Follow this and additional works
More informationAustrian Arbitration Law
Austrian Arbitration Law CODE OF CIVIL PROCEDURE PART SIX CHAPTER FOUR ARBITRATION PROCEDURE FIRST TITLE GENERAL PROVISIONS Article 577. Scope of Application (1) The provisions of this Chapter apply if
More informationArbitration CAS 2012/A/2871 Southend United FC v. UJ Lombard FC, award of 19 February 2013
Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration award of 19 February 2013 Panel: Mr Lars Halgreen (Denmark), Sole Arbitrator Football Transfer Interpretation of a contractual clause
More informationARBITRATION ACT NO. 4 OF 1995 LAWS OF KENYA
LAWS OF KENYA ARBITRATION ACT NO. 4 OF 1995 Revised Edition 2012 [2010] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev. 2012] No.
More informationConstruction Management Approach based on FIDIC Conditions of Contract for Construction, st Edition. Dr. Munther M.
Construction Management Approach based on FIDIC Conditions of Contract for Construction, 1999 1st Edition Dr. Munther M. Saket March 2015 1 Traditional Construction Contracts Owner of a construction project
More informationM&A DISPUTES AND ARBITRATION: THE ICC PERSPECTIVE
M&A DISPUTES AND ARBITRATION: THE ICC PERSPECTIVE Tunde Ogunseitan Counsel International Conference for Promoting Arbitration 4 th Edition 2017 Dispute Resolution in M&A Transactions 18-19 May 2017, Warsaw
More information10th Anniversary Edition The Baker McKenzie International Arbitration Yearbook. Colombia
10th Anniversary Edition 2016-2017 The Baker McKenzie International Arbitration Yearbook Colombia 2017 Arbitration Yearbook Colombia Colombia Claudia Benavides, 1 Cristina Mejia 2 and Daniela Cala 3 A.
More informationCEDRAC Rules. in force as from 1 January 2012
CEDRAC Rules in force as from 1 January 2012 CONTENTS Section I Introductory rules Article 1 Scope of application p. 1 Article 2 Notice, calculation of period of time p. 1 Article 3 Request for Arbitration
More informationTHE LABOUR COURT OF SOUTH AFRICA, HELD AT JOHANNESBURG
Reportable THE LABOUR COURT OF SOUTH AFRICA, In the matter between: HELD AT JOHANNESBURG Case No: J 2876/17 VECTOR LOGISTICS (PTY) LTD Applicant and NATIONAL TRANSPORT MOVEMENT ( NTM ) M L KGAABI AND OTHERS
More informationPart Five Arbitration
[Unofficial translation into English of an excerpt from Polish Act of 17 November 1964 - Code of Civil Procedure (Dz. U. of 1964, no. 43, item 296) - new provisions concerning arbitration that came into
More informationCIlent/ConsuItant MODEL SERVICES AGREEMENT
CIlent/ConsuItant MODEL SERVICES AGREEMENT General Conditions Fourth Edition 2006 FEDERATION INTERNATIONALE DES INGENIEURS-CONSEILS INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS INTERNATIONALE VEREINIGUNG
More informationBEST PRACTICES IN INTERNATIONAL ARBITRATION. Summary of Contents
BEST PRACTICES IN INTERNATIONAL ARBITRATION Summary of Contents The NAFTA 2022 Committee... 2 ADR in the NAFTA Region... 2 Guide to Private Sector Dispute Resolution in the NAFTA Region... 2 I. Methods/Forms
More informationUNOFFICIAL TRANSLATION OF THE SPANISH ORIGINAL
AGREEMENT FOR THE RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS BETWEEN THE UNITED MEXICAN STATES AND THE KINGDOM OF SPAIN The Mexican United States and the Kingdom of Spain, hereinafter The Contracting
More informationTHE ARBITRATION INSTITUTE OF THE STOCKHOLM CHAMBER OF COMMERCE UNDER THE SCC RULES
THE ARBITRATION INSTITUTE OF THE STOCKHOLM CHAMBER OF COMMERCE UNDER THE SCC RULES CALRISSIAN & CO., INC. CLAIMANT V. FEDERAL REPUBLIC OF DAGOBAH RESPONDENT SKELETON BRIEF ON BEHALF OF THE CLAIMANT 8 TH
More informationIntroduction to the Listing of H Shares of PRC Companies on the Growth Enterprise Market of The Stock Exchange of Hong Kong Limited ( the GEM )
Introduction to the Listing of H Shares of PRC Companies on the Growth Enterprise Market of The Stock Exchange of Hong Kong Limited ( the GEM ) based on the rules Governing the Listing of Securities promulgated
More informationCHAPTER 1 GENERAL RULES
CHAPTER 1 GENERAL RULES 1.1 COMPLIANCE WITH THE ACT The Clearing House, its Officers, employees and agents shall at all times comply with the Act and lawful directions given thereunder by the relevant
More information4. Drafting arbitration clauses
1. Essential matters to include in an arbitration clause In an arbitration clause, the parties should always: select a seat; consider whether they wish to select the rules of an arbitral institution or
More informationYugraneft v. Rexx Management: Limitation periods under the New York Convention A Case Comment by Paul M. Lalonde & Mark Hines*
Yugraneft v. Rexx Management: Limitation periods under the New York Convention A Case Comment by Paul M. Lalonde & Mark Hines* Prepared for the Canadian Bar Association National Section on International
More informationROI Avenue Advertising Services General Terms and Conditions
ROI Avenue Advertising Services General Terms and Conditions 1. Parties The Company and the Agency as specified in Campaign Order. The above named shall hereinafter individually be referred to as a Party
More informationNovember Overview Of Changes
Act Passed By Parliament Overview Of Changes... 1 Single Licensing Regime... 1 The bills of the Securities and Futures Act 2001 and the Act 2001 were presented to Parliament for the first reading on 25
More information