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This special issue focuses on the following topics: (a) an international perspective on the choice of law governing the substantive validity of international arbitration agreements; (b) Swiss and English arbitration laws, the material differences, as well as differences in interpretation; (c) the law applicable to the issue of arbitrability; (d) meaning, scope and sources of procedural law and lex arbitri; rights of parties to opt out and create their own procedural framework, limits on that freedom; and the process for determining the seat of arbitration; (e) extent to which voie indirecte and voie directe converge in practice; (f) state incapacity and sovereign immunity in international arbitration in, eg, Singapore, the US and the UK, and before international tribunals; (g) the different approaches adopted by investment treaty tribunals when determining the law applicable to the dispute and the significance of different treaty structures; (h) Singapore perspective on the interaction and impact of cross-border insolvencies on arbitration proceedings; (i) the origins of the Henderson rule and its operation in practice where parties have participated in a prior arbitration and then seek to commence fresh proceedings raising matters that could and should have been brought in the earlier arbitration; and (j) a survey on how Singapore courts have addressed the choice of law issues that arise in the context of setting-aside challenges to an award, challenges to the enforcement of an award, and in determining the applicable law in the arbitration.


Author(s)/Editor(s)/Contributor(s): The Right Honourable the Lord Collins of Mapesbury, Chan Leng Sun SC and Michael Hwang SC


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