Arbitration Law Monthly

In CVG v CVH [2022] SGHC 249 Chua Lee Ming J in the Singapore High Court discussed the enforceability of the award of an emergency arbitrator both as a matter of principle and also on the specific facts of the case. The court ruled that such an award could be enforced under the New York Convention as implemented in Singapore. However, the decision also makes it clear that caution is required in the making of emergency awards, as there is a clear danger that the summary nature of the proceedings can raise both jurisdictional and natural justice issues.(2022) 23 ALM 5 5

The question in Aiteo Eastern E&P Co Ltd v Shell Western Supply and Trading Ltd [2022] EWHC 2912 (Comm); [2023] 1 Lloyd's Rep 1 was whether an arbitration clause under which one party had the right to insist upon arbitration had been invoked by that party, thereby precluding judicial proceedings by the other.(2022) 23 ALM 5 6

A consultation by the Law Commission is underway to determine whether it is necessary to tweak the English Arbitration Act 1996. So far, the consultation responses largely have been along the lines expected, albeit with diverging views expressed on some proposals, and widespread agreement on others such as the summary procedure proposal. One additional proposal has, however, been made by 31 of 118 consultees and has just made its way into the Second Consultation Paper published in March 2023.(2022) 23 ALM 5 1