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Tag Archives: prima facie

Singapore Court of Appeal confirms prima facie threshold of review for stays of court proceedings in favour of arbitration

In Tomolugen Holdings Ltd and another v Silica Investors Ltd and other appeals [2015] SGCA 57, the Singapore Court of Appeal gave a definitive ruling on the standard of review for stays of court proceedings in favour of arbitration, holding that the courts need only be satisfied on a prima facie basis that a valid arbitration agreement applies to the dispute.  The ruling departs from the English case law which permits courts to decide the full merits of jurisdictional questions, and sides with Hong Kong which also applies the prima

Hong Kong International Arbitration Centre publishes new UNCITRAL Arbitration Rules

On 1 January 2015, the Hong Kong International Arbitration Centre (HKIAC) introduced the HKIAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules (the “2015 Rules“). The 2015 Rules are designed to provide a single, user-friendly system for arbitrations conducted under any version of the UNCITRAL rules.  The 2015 Rules apply equally to international commercial and investment treaty arbitrations. The key changes include: (a) Notice and Response of Arbitration: There are now express provisions regarding the filing of the Notice of Arbitration and its Response. The parties, rather

Singapore High Court confirms the application of Kompetence-Kompetence

In The Titan Unity, the Singapore High Court considered an application to stay court proceedings in favour of arbitration. The claimant had commenced court proceedings in Singapore relating to the defendant’s failure to deliver a cargo under certain bills of lading.  The defendant applied for a stay of the proceedings in favour of arbitration under section 6 of the International Arbitration Act (“IAA“) on the basis that an arbitration clause in a separate time charter party between the parties had been incorporated into the bills of lading. The claimant denied