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Pathological Arbitration Clauses and the Doctrine of Effective Interpretation: lessons from the Korean Supreme Court

Pathological arbitration clauses represent a persistent challenge in arbitration practice. Although arbitration agreements are intended to provide certainty and an efficient mechanism for dispute resolution, poorly drafted clauses often produce the opposite effect. Ambiguous, inconsistent, or incomplete arbitration provisions frequently give rise to jurisdictional disputes, resulting in delays & additional costs before the substantive dispute […]

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Finality vs Fairness: the high threshold for resisting enforcement of arbitral awards in Singapore

The principle of finality is a cornerstone of international arbitration. Parties who submit disputes to arbitration expect the resulting award to be binding and enforceable, with only limited opportunities for judicial intervention. Courts rarely revisit an award’s merits, intervening only for exceptional circumstances like serious breaches of natural justice, exceeded mandates, or public policy violations.

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Natural Justice Challenges in Arbitration: Singapore High Court reaffirms a high threshold for intervention

The principle of natural justice occupies a central place in international arbitration, safeguarding procedural fairness and ensuring parties have a reasonable opportunity to present their cases. At the same time, courts have consistently maintained that challenges to arbitral awards on natural justice grounds will only succeed in exceptional circumstances. This position was recently reaffirmed by

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Arbitration Beyond the Award: settlement agreements and enforcement challenges

International arbitration does not always end with the issuance of an arbitral award. Parties often enter post-award settlement agreements regulating how awards will be satisfied, particularly through structured payment arrangements or negotiated enforcement terms. While these agreements may encourage compliance and avoid immediate enforcement proceedings, they can also create new disputes where a party alleges

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Can Annulled Arbitral Awards Still Be Enforced? A comparative look at major jurisdictions

The annulment of an arbitral award at the seat of arbitration has traditionally been regarded as a major impediment to its enforcement abroad. In practice, however, the position is far from absolute. International arbitration continues to reveal divergent judicial approaches to annulled awards, reflecting the tension between territorial control by national courts and the transnational

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