SAL Journal (2014) 26 SAcLJ Special Issue (Conflict of Laws in Arbitration)

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.

Articles by

1. The Right Honourable the Lord Collins of Mapesbury
2. Gary B Born
3. Pierre A Karrer
4. Bernard Hanotiau
5. Alastair Henderson
6. Doug Jones
7. Tai-Heng Cheng & Ivo Entchev
8. J Christopher Thomas QC & Harpreet Kaur Dhillon
9. Andrew Chan Chee Yin, Jonathan Chan Tuan San, Jo Tay Yu Xi & Alexander Lawrence Yeo Han Tiong
10. David A R Williams QC & Mark Tushingham
11. Paul Tan


1. Introductory Essay
2. The Law Governing International Arbitration Agreements: An International Perspective
3. The Law Applicable to the Arbitration Agreement – A Civilian Discusses Switzerland’s Arbitration Law and Glances across the Channel
4. The Law Applicable to Arbitrability
5. Lex Arbitri, Procedural Law and the Seat of Arbitration – Unravelling the Laws of the Arbitration Process
6. Choosing the Law or Rules of Law to Govern the Substantive Rights of the Parties – A Discussion of voie directe and voie indirecte
7. State Incapacity and Sovereign Immunity in International Arbitration
8. Applicable Law under International Investment Treaties
9. Cross-Border Insolvency and its Impact on Arbitration
10. The Application of the Henderson v Henderson Rule in International Arbitration
11. Survey of Singapore Arbitration Case Law on Conflict of Laws Issues in International Arbitration


The Right Honourable the Lord Collins of Mapesbury, Chan Leng Sun SC and Michael Hwang SC

Guest Editors:-

Chan Leng Sun SC and Michael Hwang SC



Publication Type:


CS Redeemable:


Date of Publication:


ISBN Code:

MCI (P) 041/06/2014







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