Arbitration Law Monthly

The judgment of the Singapore Court of Appeal in COSCO Shipping Specialized Carriers Co Ltd v PT OKI Pulp & Paper Mills and Others [2024] SGCA 50 contains a valuable analysis of the approach to be adopted in determining whether an arbitration clause covers a claim in tort. The Court of Appeal overturned the first instance decision of S Mohan J, and granted anti-suit relief.

Allegations of apparent bias against an arbitrator are commonly made, albeit normally in the context of a challenge to an award for serious irregularity under section 68 of the Arbitration Act 1996. Very often the accusation is a makeweight. It is much rarer for a party to seek the removal of an arbitrator during the currency of proceedings based on the arbitrator's potentially biased conduct up to that point.

In Município de Mariana and Others v BHP Group (UK) Ltd and Another [2023] EWHC 3281 (TCC); [2024] 1 Lloyd's Rep 106 Waksman J discussed a series of important points on the application of section 9 of the Arbitration Act 1996 where the respondent contends that it is not a party to the arbitration agreement and has not taken the first opportunity to seek a stay.