This issue covers important arbitration-related court decisions from the UK and Singapore, during the period July to December 2020. Two significant decisions of the UK Supreme Court are reported: (1) Halliburton Company v Chubb Bermuda Insurance Ltd; and (2) Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb. As a companion to the case note on Halliburton v Chubb, full judgment of the recent Singapore International Commercial Court decision in BYL v BYN is included as well. This issue also covers a number of important Singapore decisions, including a pair of judgments dealing with confidentiality. In line with the format of this Journal, accompanying case notes examining the significance and relevance of these and other Singapore cases reported in this issue may be found.

This issue also includes two articles: (a) Andrew Pullen and Katie Chung’s review of asymmetric arbitration clauses, inquiring whether it offers the best of arbitration and litigation, or no advantage at all. The article looks at the various models of asymmetric arbitration clauses and examines arguments against asymmetric arbitration, concluding that these should not affect the validity of such clauses; (b) Michael Hwang SC’s article considers the standards to be applied by a Singapore-seated arbitral tribunal (including an emergency arbitrator) in applications for interim injunctions. The article considers the appropriate standard in the context of the International Arbitration Act and the history of Singapore’s approach to the adoption of the UNCITRAL Model Law on International Commercial Arbitration. It also reviews relevant Singapore case law, and in particular the often-cited reliance on the principles laid down in the English case of American Cyanamid Co v Ethicon Ltd.

Contents

ARTICLES

(a) Asymmetric Arbitration Clauses: The Best of Both Worlds or None at All?

(b) The Applicable Standards for the Granting of Interim Injunctions in International Commercial Arbitrations Seated in Singapore

CASE NOTES

BRS v BRQ [2021] 1 SLR 390

BTN v BTP [2021] 1 SLR 276 (plus postscript)

CES v International Air Transport Association [2020] 4 SLR 44

CGS v CGT [2021] 3 SLR 672

Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] Bus LR 2242; [2020] UKSC 38

Hai Jiang 1401 Pte Ltd v Singapore Technologies Marine Ltd [2020] 4 SLR 1014

Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48

Republic of India v Vedanta Resources plc [2020] SGHC 208

TYN Investment Group Pte Ltd v ERC Holdings Pte Ltd [2020] 5 SLR 894

Author(s)/Editor(s)/Contributor(s):

Article Contributors: Andrew Pullen, Katie Chung and Michael Hwang SC

Case Note Contributors: Tan Hai Song, Benjamin Tham Yum Yin, Mahesh Rai and Matthew Koh

General Editor: Mohan Pillay

Editor: Chan Leng Sun SC

Publishing Editor: Yeo Boon Tat

Assistant Editors: Ramandeep Kaur, Matthew Koh, Janice Lee, Mahesh Rai, Tan Hai Song, Benjamin Tham Yum Yin and Derric Yeoh

Delivery

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