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Ascertaining The Proper Law Of An Arbitration Agreement: The Artificiality Of Inferring Intention When There Is None, Darius Chan, Jim Yang Teo
Ascertaining The Proper Law Of An Arbitration Agreement: The Artificiality Of Inferring Intention When There Is None, Darius Chan, Jim Yang Teo
Research Collection Yong Pung How School Of Law
The common law choice of law principles for determining the proper law of an arbitration agreement previously thought to be settled by the English Court of Appeal’s decision in Sulamérica v. Enesa [2013] 1 W.L.R. 102 have now been thrown into disarray after a recent string of three judgments: starting with the Singapore Court of Appeal’s decision in BNA v. BNB [2019] S.G.C.A. 84, followed by two decisions from the English Court of Appeal in Kabab-Ji v. Kout Food Group [2020] EWCA Civ 6 and Enka Insaat Ve Sanayi A.S. v. OOO ‘Insurance Company Chubb’ [2020] EWCA Civ 574.This article …
Moving Towards Harmonisation In The Recognition And Enforcement Of Foreign Judgment Rules In Asia, Adeline Chong
Moving Towards Harmonisation In The Recognition And Enforcement Of Foreign Judgment Rules In Asia, Adeline Chong
Research Collection Yong Pung How School Of Law
This paper provides a comparative overview of the laws on the recognition and enforcement of foreign judgments in ASEAN and Australia, China, India, Japan and South Korea. It considers the principles which are shared in common and the significant differences in the laws on foreign judgments in the region. This paper argues that the laws which are canvassed here share many principles, albeit the interpretation on certain aspects may differ. Though differences exist, the differences are becoming less sharp. Further, there is a practical need for harmonisation in the region given the plans for closer economic integration in the region. …