Tan Vernyuy Paul

Appeals from Jurisdictional Rulings and Order 48

Tan Paul, Goh Nelson, Lim Jonathan

Oxford University Press eBooks

Abstract Section 10 discusses appeals from jurisdictional rulings under Section 10 of the IAA. The chapter begins with a discussion of Section 10(1), and the relationship and key differences between Section 10 of the IAA and Article 16(3) of the Model Law. It then discusses Section 10(2), which expressly states that the arbitral tribunal may rule on a plea that it has no jurisdiction at any stage of the arbitral proceedings. The chapter also discusses Section 10(3), which sets out the nature and ambit of the court’s power to rule on an arbitral tribunal’s jurisdiction. F The chapter follows with a discussion of the implications of the court’s power to make an award or order of costs under Sections 10(7) and 10(8), as well as a stay of arbitration under Section 10(9)(a) of the IAA. Finally, the chapter discusses the procedure that applies to appeals from jurisdictional rulings and other recourse to courts in matters related to the IAA, as set out in Order 48 of the Rules of Court 2021.

• #conflict of laws and jurisdiction
• #law, logistics, and international trade
• #international arbitration and investment law
• #order (exchange)

Arbitration Agreements

Tan Paul, Goh Nelson, Lim Jonathan

Oxford University Press eBooks

Abstract This chapter discusses the validity and construction of an arbitration agreement, with reference to Section 2A of the IAA. It begins with an overview of arbitration agreements, including a discussion on the separability principle and the law governing the arbitration agreement. It then examines the principles applicable to determining the validity and construction of arbitration agreements, including the pro-validation approach that the Singapore courts take to these issues. The chapter then proceeds to examine the specific provisions in Section 2A of the IAA. It discusses the expansive definition of an arbitration agreement in Section 2A(1) and 2A(2), including the validity of an arbitration agreement where the existence of the agreement is in dispute, as well as optional or asymmetric arbitration agreements. It explains the writing requirement for arbitration agreements in Sections 2A(3), 2A(4), and 2A(5). It also discusses the waiver or estoppel provision set out in Section 2A(6), and the provision for incorporation by reference in Sections 2A(7) and 2A(8).

• #international arbitration and investment law
• #arbitration
• #business
• #political science

Arbitration in Singapore

Tan Paul, Goh Nelson, Lim Jonathan

Oxford University Press eBooks

Abstract This chapter introduces the history and significance of international arbitration in Singapore as a form of alternative dispute resolution. It begins by providing an overview of international arbitration, as well as the advantages and disadvantages of using commercial arbitration over other modes of dispute resolution. It also provides an overview of the legislative framework for international arbitration in Singapore alongside its salient characteristics, including Singapore’s pro-arbitration approach. Finally, it discusses the future of international arbitration in Singapore, including the recent establishment of the Singapore International Commercial Court in 2015 and the rise in investment arbitration disputes heard before the Singapore courts.

• #international arbitration and investment law
• #dispute resolution and class actions
• #conflict of laws and jurisdiction
• #arbitration

Assessment of Costs and Proceedings Otherwise Than in Open Court

Tan Paul, Goh Nelson, Lim Jonathan

Oxford University Press eBooks

Abstract This chapter discusses the assessment of costs by an arbitral tribunal, as well as the confidentiality of court proceedings relating to arbitration, with reference to Sections 21, 22, and 23 of the IAA. Section 21 of the IAA addresses the assessment of costs and provides that an award for costs would be taxable by the Registrar of the Singapore International Arbitration Centre unless the award otherwise directs. Section 22 of the IAA provides that proceedings under the IAA are to be heard in private although a court, on its own motion, or the application by a person (including a non-party), could order proceedings to be heard in open court. Section 23 provides that, to the extent that a hearing is heard in camera, the court may give directions as to whether, and if so what, information relating to the proceedings may be published.

• #law, economics, and judicial systems
• #computer security
• #computer science
• #law and economics

Awards and Interest on Awards

Tan Paul, Goh Nelson, Lim Jonathan

Oxford University Press eBooks

Abstract This chapter examines Sections 18, 19, 19A, 19B, 19C, and 20 of the IAA, as well as Article 30 of the Model Law. Section 18 of the IAA and Article 30 of the Model Law provide a mechanism through which parties may record their settlement of their dispute in the form of a consent award. Section 19 of the IAA provides for the enforcement of awards rendered in an international arbitration seated in Singapore. Sections 19A and 19B of the IAA together provide that, once issued, an award — whether an interim, partial, or final award — is final and conclusive as to the merits of the issue or claim determined under that award. The chapter discusses the provision in Section 19A that clarifies that a tribunal may make more than one award at different points in time, each of which is final and binding; and the provisions in Section 19B which address the consequences of classifying a decision of an arbitral tribunal as an “award”. Section 19C of the IAA empowers the Minister for Law to appoint any person holding office in an arbitral institution or other organisation to authenticate any award or arbitration agreement or to certify copies thereof for the purposes of the enforcement of an award in a country which is a Contracting State to the New York Convention. Finally, the chapter concludes with a discussion of an arbitral tribunal’s power to award interest under Section 20 of the IAA.

• #legal principles and applications
• #european and international contract law
• #law, economics, and judicial systems
• #law and economics

Court Powers in Aid of Arbitration

Tan Paul, Goh Nelson, Lim Jonathan

Oxford University Press eBooks

Abstract This chapter focuses on court powers in aid of arbitration. It examines Section 12A and Section 13 of the IAA to elaborate on the court’s complementary powers to issue interim relief in aid of the arbitral cycle. Section 12A empowers the Singapore courts to grant certain interim measures to a party to an arbitration. The chapter discusses the scope of the powers of a court to grant interim relief, anti-suit injunctions and the requirements for obtaining interim relief from court. Section 13 addresses the summoning of witnesses by subpoena to testify or produce documents. The chapter discusses the principles governing subpoena applications and the requirements to obtain subpoenas in aid of arbitration.

• #international arbitration and investment law
• #conflict of laws and jurisdiction
• #dispute resolution and class actions
• #arbitration

Disapplication of the Model Law and the IAA, the Application of Rules of Arbitration, and Conciliation

Tan Paul, Goh Nelson, Lim Jonathan

Oxford University Press eBooks

Abstract This chapter discusses Sections 15, 15A, 16, and 17 of the IAA. Section 15 of addresses the situation where parties expressly agree to disapply the Model Law or the IAA. Section 15A clarifies the interplay between the various rules which may apply to an arbitration, as agreed to or adopted by the parties, and the Model Law and Part II of the IAA. Sections 16 and 17 address conciliation, which is an alternative dispute resolution process whereby the disputing parties seek to reach an agreed resolution with the help of an independent third- party conciliator.

• #international arbitration and investment law
• #dispute resolution and class actions
• #conflict of laws and jurisdiction
• #conciliation

Immunities of Arbitrators, Appointing Authorities and Arbitral Institutions

Tan Paul, Goh Nelson, Lim Jonathan

Oxford University Press eBooks

Abstract This chapter examines the immunities of arbitrators, appointing authorities, and arbitral institutions with reference to Sections 25 and 25A of the IAA. Section 25(a) provides that arbitrators are immune from liability for negligence, and Section 25(b) further provides that any mistakes in law, fact, or procedure in the course of arbitral proceedings, or in the course of the making of an award, cannot found any claim against an arbitrator. However, immunity under Section 25 does not extend to cases where an arbitrator has wilfully misconducted himself or cases of gross negligence. The chapter also discusses the immunity of arbitral institutions or appointing authorities, in respect of the appointment or nomination of arbitrators, under Section 25A.

• #international arbitration and investment law
• #business
• #law
• #political science

Interpretation of Part II of the Act

Tan Paul, Goh Nelson, Lim Jonathan

Oxford University Press eBooks

Abstract This chapter examines Section 2 of the IAA, which contains definitions relating to the interpretation of Part II of the IAA. This chapter discusses the definitions and interpretations of the terms “arbitral tribunal”, “appointing authority”, “arbitration agreement”, “award”, “Model Law”, and “party” as set out in Section 2 of the IAA, with reference to relevant case law. This chapter also examines how amendments to Section 2 were made to reflect developments in international arbitration, such as the amendments in 2012 to include emergency arbitrators as part of the definition of “arbitral tribunal”, and amendments to the definition of “arbitration agreement” in line with the 2006 updates to the Model Law.

• #european and international law studies
• #interpretation (philosophy)
• #epistemology
• #philosophy

Powers of the Arbitral Tribunal

Tan Paul, Goh Nelson, Lim Jonathan

Oxford University Press eBooks

Abstract This chapter details the powers of the arbitral tribunal while considering Section 12 of the IAA. Section 12 establishes the express powers of arbitral tribunals to fashion the necessary orders for a fair and efficient process. This chapter examines the various types of interim orders that an arbitral tribunal may grant, such as for security for costs; discovery of documents and interrogatories; preservation, custody, or sale of property; an order for security for claim; and the tribunal’s power to adopt an inquisitorial process. It also addresses issues such as the scope of relief; the law governing applications for such interim orders; interest; and the enforceability of an arbitral tribunal’s interim orders.

• #international arbitration and investment law
• #dispute resolution and class actions
• #tribunal
• #law

Recognition and Enforcement of Foreign Awards

Tan Paul, Goh Nelson, Lim Jonathan

Oxford University Press eBooks

Abstract This chapter explores the recognition and enforcement of foreign awards, with a focus on the provisions in Part III of the IAA. The chapter begins with a discussion of Sections 27 and 28 of the IAA, which sets out the scope and interpretation of Part III of the IAA. It then discusses Sections 29 and 30, which set out the procedure for enforcement of foreign awards. The chapter then examines Section 31, which sets out the grounds for refusing enforcement of a foreign award under Part III of the IAA. It discusses in detail the following provisions: Section 31(2)(f), which provides that Singapore courts may refuse the enforcement of a foreign award if the award has not yet become binding, was set aside, or suspended; Section 31(3), which provides for the partial non-recognition of a foreign award; and Section 31(5), which provides that a Singapore court may adjourn an application to enforce a foreign award, if it is satisfied that an application for the setting aside or suspension of the award has been made in the seat of arbitration. The chapter concludes with a discussion of Section 33, which provides for the enforcement of awards under other provisions of law.

• #corporate governance and law
• #conflict of laws and jurisdiction
• #european and international contract law
• #enforcement

Regulation of Procedural Aspects of Arbitration

Tan Paul, Goh Nelson, Lim Jonathan

Oxford University Press eBooks

Abstract This chapter covers the regulation of procedural aspects of arbitration. Although the IAA sets out a framework for international arbitrations seated in Singapore, it does not purport to deal with all the procedural issues that could potentially arise in international arbitration. This chapter covers three facets of procedure that arise in an arbitration. First, it addresses international arbitration rules that may be selected by the parties to apply in a Singapore- seated arbitration. Second, it examines ethical rules that may apply to the regulation of arbitration practitioners and arbitrators in Singapore. Third, it discusses recent developments on the practice of third- party funding and how they impact international arbitrations seated in Singapore.

• #international arbitration and investment law
• #arbitration
• #law and economics
• #political science

Stay of Court Proceedings in Favour of Arbitration

Tan Paul, Goh Nelson, Lim Jonathan

Oxford University Press eBooks

Abstract This chapter examines stay of court proceedings in favour of arbitration. Where litigation is commenced in Singapore courts, Section 6 of the IAA allows any other party to the arbitration agreement to seek a stay of the court proceedings on the basis that the dispute falls within the scope of an arbitration agreement. The chapter begins by introducing key principles that apply to stay of court proceedings, including the mandatory nature of the stay under Section 6; the parties’ respective burdens of proof in an application for a stay; the prima facie standard of review that will apply in an application for a stay; and other remedies available to the parties (apart from a stay) for breach of an arbitration agreement. It then discusses the requirements for obtaining a stay of court proceedings as set out in Section 6(1) of the IAA, including: the existence of a valid arbitration agreement; the requirement that the applicant be a party to the arbitration agreement; the timing of a stay application; and the requirement that the subject matter falls within the scope of the arbitration agreement. Section 6(2) provides that a stay of court proceedings must be made unless the Court finds that an arbitration agreement is “null and void, inoperative or incapable of being performed”, and the chapter discusses how this proviso has been interpreted. Finally, the chapter also discusses other orders that a court may make in a stay application, including a case management stay.

• #international arbitration and investment law
• #dispute resolution and class actions
• #law, economics, and judicial systems
• #arbitration

The Effect, Interpretation, and Applicability of the Model Law

Tan Paul, Goh Nelson, Lim Jonathan

Oxford University Press eBooks

Abstract This chapter covers the effect, interpretation, and applicability of the Model Law in Singapore law with reference to Sections 3, 4, and 5 of the IAA. In the discussion on Section 3 of the IAA, the chapter explains that Section 3 incorporates the Model Law into Singapore law, but excludes Chapter VIII of the Model Law from incorporation. It also discusses how conflicts between the Model Law and the IAA should be resolved, and when the Model Law should apply. In the discussion on Section 4 of the IAA, the chapter explains that reference may be made to UNCITRAL documents for the purposes of interpreting the Model Law. In the discussion on Section 5 of the IAA, the chapter explains that the Model Law and Part II of the IAA do not apply to arbitrations that are not “international” and only apply to non-international arbitrations if the parties agree in writing. The chapter also discusses what defines an “international” arbitration, including a flow chart that visually demonstrates whether an arbitration is “international”.

• #international arbitration and investment law
• #dispute resolution and class actions
• #energy law and policy
• #interpretation (philosophy)

The Singapore International Arbitration Act

Goh Nelson, Lim Jonathan, Tan Paul

Oxford University Press eBooks

Abstract Over the past couple of decades, Singapore has successfully established itself as one of the major centres for international dispute resolution. The Singapore International Arbitration Act (SIAA), originally enacted in 1994 to give effect to the Model Law on International Commercial Arbitration, has been revised and amended four times over its lifetime, further strengthening Singapore's position as a hub for international arbitration. Following the latest amendments in 2020, this book presents an in-depth, section-by-section commentary of the SIAA, written with a strong coverage of the significant corpus of Singapore arbitration jurisprudence that has been developed by the Singapore Courts over the last decade or so. It provides up-to-date analysis of each section of the Act and relevant provisions of the UNCITRAL Model Law. While Singapore case law and the approach taken by the Singapore Courts is the main focus, the book also adopts a comparative and international lens on critical issues where the law remains in a state of progressive development. The book will be an indispensable resource for practitioners, students, and academics on the law and practice of arbitration in Singapore and other Model Law jurisdictions.

• #international arbitration and investment law
• #dispute resolution and class actions
• #conflict of laws and jurisdiction
• #arbitration

Evaluation of the toxicity of the aqueous stem bark extract of Enantia chlorantha on some reproductive and developmental parameters

Kuissu Mimosette M, Enow-Orock George E, Christophe Mezui, Nkwengoua Ernestine Z, Nchengang Benjamin, Siwe Gael T et 1 autre(s)

Journal of Medicinal Plants Studies

• #natural products and biological research
• #rabbits: nutrition, reproduction, health
• #potato plant research
• #traditional medicine

Singapore International Arbitration Centre (SIAC)

Tan Paul, Wehowsky Andreas, Ou Shaun

Max Planck Encylopedia of International Procedural Law

• #international arbitration and investment law
• #conflict of laws and jurisdiction
• #dispute resolution and class actions
• #arbitration

Adaptogenic effects of the leaves aqueous extract of Moringa oleifera in rats

Bonoy Lamou, Ebal Minye Edmond, Mbouh Samuel, André Hamadou, Tan Paul

International Journal of Current Research in Biosciences and Plant Biology

The present study was undertaken to elucidate the mechanism responsible for the adaptogenic effects of the leaves aqueous extract of Moringa oleifera in rats. Thirty two male Wistar rats weighing 154 g were used. Four groups of rats (8 rats per group) were fed a standard laboratory diet with or without the M. oleifera extract (0, 100, 200 and 400 mg/kg body weight) for 14 days. The control group rats received distilled water. Rats were allowed for swimming exercise, with a load (10% of body weight) attached to the tail, every alternate day for a period of 14 days and swimming time of each session was recorded immediately. After the last training session, glyceaemia, lactatemia, uraemia, triglyceridemia, hepatic and muscle glycogen, oxidative stress parameters (superoxide dismutase, catalase, reduced glutathione, malondialdehyde) and hematological parameters were measured. Results shown that extract of M. oleifera ameliorated endurance capacity of rats by an increase in the swimming time, blood hemoglobin, red blood cells, white blood cells, hepatic and muscle glycogen reserves and the activity of antioxidant enzymes. Furthermore, the extract decreased blood concentrations of malondialdehyde, lactate, triglycerides and urea. These results also confirm that 200 mg/kg is the optimum dose with anti-fatigue activity.

• #moringa oleifera research and applications
• #apelin-related biomedical research
• #moringa
• #malondialdehyde

Analgesic and non-ulcerogenic activities of the aqueous extract of the aerial parts of Eremomastax speciosa Hochst (Acanthaceae) in mice

Christophe Mezui, Tchinda Fokoua Serges Herve, Amang André Perfusion, Malepa Meda Ginette Blanche, Tan Paul

Journal of Medicinal Plants Studies

To avoid the adverse effects (ulcerogenic activity for exemple) of nonsteroidal anti-inflammatory drugs (NSAIDs) while curing pain, some people use medicinal plants. This study investigated the analgesic and non-ulcerogenic activities of the aqueous extract of dried ground aerial parts of Eremomastax speciosa Hochst (Acanthaceae) in mice. The analgesic action was assayed in two experimental models: acetic acid and formalin; and the non-ulcerogenic activity by the observation of the gastric mucosa five hours after administration of different treatments. The aqueous extract of Eremomastax speciosa dose-dependently reduced the number of abdominal contractions induced by intraperitoneal injection of acetic acid, with inhibition percentages of 12.13%, 44.74% and 91.40% respectively for doses 100mg/kg, 200mg/kg (p

• #phytochemistry and biological activities
• #biological and pharmacological studies of plants
• #phytochemistry and bioactive compounds
• #acanthaceae

Probabilistic trajectory estimation based leader following for multi-robot systems

Shan Mao, Zou Ying, Mingyang Guan, Changyun Wen, Lim Kwang-Yong, Cheng-Leong Ng et 1 autre(s)

IEEE Conference Proceedings

• #robotic path planning algorithms
• #distributed control multi-agent systems
• #fault detection and control systems
• #trajectory

Singapore

Tang Hang Wu, Tan Paul

Oxford University Press eBooks

Abstract This chapter examines the question of the arbitrability of trust disputes in Singapore. In so doing, it discusses various issues which are said to present obstacles to the arbitration of trust disputes, and their applicability and relevance in the Singapore context. These are: whether an arbitration clause in a trust deed is considered to be an agreement to arbitrate; whether arbitrations are impermissible for ousting the courts’ jurisdiction; whether a clause in a trust which purports to be an arbitration agreement can bind the beneficiaries of a trust; whether arbitration can satisfy the requirement for proper representation of unascertained, unborn and legally incompetent beneficiaries; and whether trust disputes are inherently arbitrable. It shows that at least for disputes between beneficiaries and the trustee of a donative trust, there is some uncertainty whether a clause referring matters to arbitration is binding on the beneficiaries.

• #legal principles and applications
• #conflict of laws and jurisdiction
• #european and international contract law
• #arbitration

Aqueous Extract of Enantia chlorantha (Annonaceae) Prevents the Delay in Chronic Gastric Ulcer Healing Caused by Indomethacin in Rats

Kuissu Mesmine, Enow-Orock George, Christophe Mezui, Nkwengoua Ernestine, Tan Paul, Barthélemy Nyasse

Journal of Pharmaceutical Research International

Journal of Pharmaceutical Research International (ISSN: 2456-9119) is dedicated to publish high quality papers in all areas of pharmaceutical Science including pharmaceutical drugs, community pharmacy, hospital pharmacy, clinical pharmacy, compounding pharmacy, consultant pharmacy, internet pharmacy, veterinary pharmacy, nuclear pharmacy, military pharmacy, pharmacy informatics, pharmaceutics, medicinal chemistry, pharmacognosy, pharmacotherapy, pharmacodynamics, pharmacokinetics, clinical pharmacology, neuropharmacology, psychopharmacology, pharmacogenetics, pharmacogenomics, pharmacoepidemiology, toxicology, theoretical pharmacology, posology, pharmacognosy, behavioral pharmacology, environmental pharmacology, medicine development and safety testing, drug legislation and safety, pharmaceutical microbiology, pharmaceutical molecular biology, pharmaceutical biotechnology. The journal also encourages the submission of useful reports of negative results. This is a quality controlled, OPEN peer reviewed, open access INTERNATIONAL journal.

• #phytochemistry and biological activities of ficus species
• #hibiscus plant research studies
• #advances in cucurbitaceae research
• #pharmacy

Antinociceptive and anti-inflammatory effects of the ethyl acetate stem bark extract of Bridelia scleroneura (Euphorbiaceae)

D. Théophile, Nguemfo Edwige Laure, Nguelefack Télesphore Benoît, A. G. B. Anatole, A. A. Emmanuel, Tan Paul et 1 autre(s)

Inflammopharmacology

• #phytochemistry and biological activities
• #pharmacological effects of natural compounds
• #ethnobotanical and medicinal plants studies
• #analgesic