Articles

Draft 7th Edition of the SIAC Rules – What to Expect for Future SIAC Arbitration Proceedings?

The public consultation for the Draft 7th Edition of the Singapore International Arbitration Centre (“SIAC”) Rules (the “Draft Rules”) has commenced. The Draft Rules draws from SIAC’s experience of administering over 3,000 arbitration proceedings under the current rules and demonstrates SIAC’s commitment to advancing the practice of international arbitration.

Managing Arbitration Proceedings -Will Arbitration Remain Effective and Efficient in Resolving Disputes?

Arbitration proceedings have often been touted as an effective and efficient method (compared to litigation proceedings) of resolving disputes.  Arbitral institutions (such as the SIAC) have rolled out various initiatives (for e.g., expedited procedure) to ‘speed things up’ to different degrees of successes. In this briefing note, we share our insights on how arbitration proceedings can remain an effective and efficient method of dispute resolution.

Policy Exclusions – General Applicability of Exclusions Embedded Within Policy Extensions

We discuss whether policy exclusions set out in certain extension clauses have any impact on other extension clauses. Particularly, we will make reference to the English decisions of London International Exhibition Centre v RSA Insurance Plc & Ors [2023] EWHC 1481 (Comm) (“EXCEL v RSA”) and the China Taiping arbitral award issued by Lord Mance.

IN MEMORIAM OF ADRIAN TAN

Mr. Adrian Tan Gim Hai, President of the Law Society of Singapore, sadly passed away on Saturday 8 July 2023. I had the privilege and pleasure of working with Adrian between 2012 and 2019 and would like to say a few words in honour of the great man that we have lost....

Warranty Clauses in Insurance Policies – What are the Consequences for Breach of Warranty?

Warranties contained within insurance policies are powerful weapons of choice in the arsenal of defences available to insurers. Conventionally, warranties reference statements made or answers given by the policyholder in the proposal form, which forms part of the contract of insurance. That said, additional warranties (or clauses purporting to be warranties) may also appear in the general conditions of insurance policies when the policy is issued to the insured.

Determining the ‘Proximate Cause’ of Loss / Damage – Lessons from Allianz v University of Exeter [2023] EWHC 630 and Leyland Shipping v Norwich Union [1918] AC 350

The cover provided, or not provided, by all risks policies often turns on the proximate (or dominant) cause of the damage for which the cover is sought. That is because some causes of damage, such as faulty design or defective workmanship, may be excluded whereas other causes, such as poor operation or natural perils, may be covered. This gives rise to complex disputes as to which of a number of competing causes is the proximate cause of damage.

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