Choosing SIAC arbitration determines far more than the institution that will administer a dispute. It places the parties within a procedural framework that shapes how the arbitration is commenced, how the tribunal is constituted, how urgent applications are handled, how evidence is presented and, ultimately, how the award is rendered. The 2025 SIAC Arbitration Rules […]
Transnational Issue Estoppel in International Arbitration: Can It Prevent Re-Litigation at the Enforcement Stage?
International arbitration is valued for delivering final, binding, and enforceable awards, but that finality is threatened when losing parties seek to re-litigate the same objections across multiple jurisdictions. A party may challenge an award at the seat and fail. It may then attempt to resist enforcement elsewhere by recasting the same arguments. This is where […]
Singapore SICC Rejects Attempt to Set Aside Costs Award Denying Third-Party Funding Costs
In DTH v DTF [2026] SGHC(I) 5, the Singapore International Commercial Court (“SICC”) dismissed an application by successful arbitral claimants to set aside or remit the costs portion of a Singapore-seated arbitral award. The applicants had won the merits phase of the arbitration but failed before the arbitral majority to recover their third-party funding costs […]
Singapore’s High Court Rejects Spain’s State Immunity Defence (NextEra Energy v Spain [2026] SGHC 43)
In NextEra Energy Global Holdings B.V. and NextEra Energy Spain Holdings B.V. v Kingdom of Spain [2026] SGHC 43 (“NextEra v Spain”), the High Court of Singapore held that Spain was not entitled to state immunity in proceedings to register and enforce an award rendered under the Convention on the Settlement of Investment Disputes between […]
Notice of Arbitration by SMS: Efficiency vs. Fairness
Arbitral institutions and rules are increasingly adapting their procedures to reflect how parties actually communicate in this digital age. The Hong Kong Arbitration Society (HKAS) Online Arbitration Rules are a prime example. They expressly provide that written communications, including a Notice of Arbitration, may be transmitted electronically – whether by e-mail, SMS, instant messaging, or […]