Does a Foreign Jurisdiction Clause Stop Pre-Action Discovery in NSW?
Not necessarily. In Capital Markets Company v Sommerin the NSW Supreme Court ordered pre-action discovery against a former employee, his new employer and a recruiter, although
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Commercial disputes in the NSW, ACT and Federal courts, resolved early where that is possible and run properly where it is not.
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Singapore law where it governs the contract, and the arbitral seat that carries much of the region’s work.
Not necessarily. In Capital Markets Company v Sommerin the NSW Supreme Court ordered pre-action discovery against a former employee, his new employer and a recruiter, although
Generally no. Where the debt is genuinely in dispute and covered by an arbitration agreement, the Singapore court will ordinarily dismiss the winding-up application without deciding
An emergency arbitrator can only order what the law of the arbitral seat, or the parties’ own express agreement, allows. Adopting institutional rules that offer an
A defective arbitration clause is usually salvageable in Singapore. The Court of Appeal will give effect to a clear intention to arbitrate even where the clause
In commercial law, the right to arbitrate is often treated as an absolute shield. However, Singapore’s courts have recently clarified that this shield is surprisingly fragile.