Arbitration analysis: This case involved an application to set aside an arbitral award under section 24(a) of the Singapore International Arbitration Act (Cap 143A) (the IAA) on the basis that it was induced or affected by fraud. The applicant argued that the respondent had concealed or suppressed evidence of a regulatory investigation into fraud and corruption that was related to the underlying arbitration, which, if disclosed, would have materially affected the outcome of the arbitration. The application was dismissed, and the court gave helpful guidance on the meaning of ¡®fraud¡¯ under the IAA, s 24(a). ¡®Fraud¡¯ refers to procedural fraud occurring in the course of the arbitration that is causatively linked to the making of the award. The court also clarified that all applications to set aside arbitral awards under the IAA, including under IAA, s 24, are strictly subject to the three-month time limit in Article 34(3) of...
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Arbitration analysis: The Hong Kong Court of First Instance (HKCFI) upheld a temporary anti-suit injunction, restraining the defendant from continuing proceedings in Russia brought under Russian law but in breach of an arbitration agreement referring all disputes to arbitration administered by the
Arbitration analysis: The Supreme Court of India (SC) recently clarified that the dispute resolution mechanism provided in the Micro, Small and Medium Enterprises Development Act, 2006 (the MSME Act) for disputes concerning delay in payment of a micro or small supplier¡¯s payments overrides the
Arbitration analysis: This case involved an appeal to the Singapore High Court challenging an ICC Arbitral Tribunal¡¯s decision that it did not have jurisdiction over one co-respondent to the proceeding per section 10(3) of the International Arbitration Act (Cap 143A, 2002 Rev Ed) (IAA). The
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