Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Global arbitration highlights: Singapore moratorium carve-out discretion, Swiss non-signatory jurisdiction, EU state aid and Antin award, UNCITRAL ISDS appeals, UK-EU sandeel ruling, CIArb third-party funding guideline

Published on: 08 May 2025

Published by a LexisNexis Arbitration expert
Legal News
imgtext
Article summary

In this issue:

  • International Arbitration
  • Investment treaty arbitration
  • Institutional and ad hoc arbitration
  • Other arbitration and ADR-related news and developments
  • Daily and weekly news alerts
  • New and updated content
  • Useful information

International Arbitration

Singapore—carve-out from restructuring moratorium granted in favour of arbitration

In restructuring, it is vital that a debtor is afforded time and space to craft its plan. This is usually delivered by a moratorium, preventing third parties from initiating actions against the company or its assets. That safeguard can create friction with arbitration. In a pro-arbitration seat like Singapore, must the court invariably permit an exception to the moratorium to let a third party commence arbitration against the debtor? In Sapura Fabrication v GAS, the Singapore Court of Appeal ruled there is no automatic obligation to allow such a carve-out. The court, however, retains discretion to grant one. Factors guiding the decision include the nature of the intended claim, the timing of the request for a carve-out, and any prejudice that might be caused to creditors or to the restructuring process...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow