Boutique by Design - International by Instinct
The approach an enforcement court should take to a prior decision of the Seat court on the validity of an arbitral award is harmonising in common law jurisdictions. In 2023, the Singapore Court of Appeal, in Republic of India v Deutsche Telecom AG,[1] found that transnational issue estoppel prevented India from resisting enforcement of an […]
Multi-tiered dispute resolution clauses carry a familiar debate as to what happens when a claimant initiates arbitration without complying with escalatory steps. Are these matters of jurisdiction preventing the Tribunal from adjudicating the claims, or matters of admissibility (i.e. whether it is appropriate for the Tribunal to hear the case)? The implications on the level […]
The maxim of ne ultra petita is well-understood. But, Tribunals also enjoy discretion to conduct arbitrations efficiently. What happens when these two concepts clash? What if the parties do not seek a particular relief, but a tribunal orders it believing such relief aids efficiency? The Paris Court of Appeal considered the above in Tecnimont […]
The Singapore High Court in DRL v DRK [2026] SGHC 32 upheld an Award rendered by a SIAC-administered arbitral tribunal which had terminated an arbitration on the basis that it was impossible to proceed with the arbitration due to sanctions. The situation is nuanced. We say this because – different to Singapore – Courts in […]
Case law on FIDIC Contracts is always instructive. In Uniform Building Contractors Ltd v Water and Sewerage Authority of Trinidad and Tobago [2026] UKPC 2, the Judicial Committee of the Privy Council looked at the FIDIC Yellow Book (1999 Edition). The Judgment provides authoritative guidance on (i) the proper analysis of variations; (ii) the limits […]
Toppan Holdings Limited & Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) [2025] EWHC 1691 (TCC) provides a tangible warning to contractors operating in the commercial real estate sector. The Court held that certain purely financial losses due to defects in the design and building were not remote and […]
The Singapore International Commercial Court (the “SICC”) supports international arbitration. CMC di Ravenna, Italy (“CMC”) v. Department of Water Supply & Sewerage Management, Kathmandu (“DOW”) and Melamchi Water Supply Department Board (“MB”) [2025] SGHC(I) 16 (the “Judgment”) is noteworthy. It examined the distinction between contractual and non-contractual anti-suit injunctions and looked at whether such injunctions […]
The Supreme Court of India in Gayatri Balasamy v. ISG Novasoft Technologies Limited 2025 INSC 605, by a majority has held that a Court does have the power to modify an arbitral award under Section 34 of the Arbitration and Conciliation Act 1996, and that the Supreme Court can use plenary powers under Article 142 […]
Baker Hughes Saudi Arabia Company Limited v Dynamic Industries & Others No 23-30827 (5th Cir, 27 January 2025)[1] (“Baker Hughes“) is of tangible importance to entities operating in the GCC Region. This is because the US Court of Appeals for the Fifth Circuit shows how merely referring to specific arbitral rules in an arbitration agreement does not […]
