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Between CNA...Appellant And (1) CNB (2) CNC [2024] SGCA(I) 2 What are the practical implications of this case? This decision reaffirms the norm of restrained judicial interference in the running of arbitral proceedings. The principle of minimal curial intervention remains the touchstone in the conduct of arbitration in practice. Annulment of an award is a drastic step and will occur only where there are proper and cogent grounds. The court will examine the parties’ behaviour when assessing whether such grounds exist to justify setting aside an award. Here, in declining to set aside the awards, the Court of Appeal found that the obstinate parties had sought to engineer a jurisdictional challenge by executing a separate contract intended to override the initial arbitration agreement. The phrasing of a dispute resolution provision is likewise significant when deciding if it can touch proceedings already commenced before the parties concluded the subsequent contract. To disturb an arbitration already underway, the fresh dispute resolution clause must state in clear and unequivocal terms that...
Note—to check whether notification thresholds in the Central African Republic and worldwide are satisfied, please refer to: Where to Notify. 1. Have there been any recent developments regarding the CAR merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in the CAR? The Central African Republic (CAR) embedded competition rules in its Commercial Code, Law No. 2016-06 of 30 December 2016 (the Commercial Code), replacing the former competition statute, Law No. 92.002 of 26 May 1992. Oversight of competition matters in the CAR rests with the Commission Nationale de la Concurrence (CNC). The CAR also belongs to the Central African Economic and Monetary Community (CEMAC), whose merger control framework is set out in Regulation No. 06/19-UEAC-639-CM-33 of 7 April 2019 on competition (the CEMAC Competition Regulation). Beyond these points, there have been no material changes to the CAR’s competition regime. No amendments or new measures are anticipated in the next year, and there are presently no standout...