baker & mckenzie.wong & leow is incorporated with limited liability and is a member firm of...
TRANSCRIPT
Baker & McKenzie.Wong & Leow is incorporated with limited liability and is a member firm of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm.© 2014 Baker & McKenzie.Wong & Leow
UNCITRAL-SINGAPORE SEMINAR35 YEARS OF THE CISG
INTERNATIONAL ARBITRATION & THE CISG
Chan Leng Sun, SCAsia Pacific Head of International Arbitration
© 2014 Baker & McKenzie.Wong & Leow
UNCITRAL MODEL LAW
‒ Article 28. Rules applicable to substance of dispute‒ (1) The arbitral tribunal shall decide the dispute in
accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given State shall be construed, unless otherwise expressed, as directly referring to the substantive law of that State and not to its conflict of laws rules.
‒ (2) Failing any designation by the parties, the arbitral tribunal shall apply the law determined by the conflict of laws rules which it considers applicable.
‒ (3) The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur only if the parties have expressly authorized it to do so.
‒ (4) In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction.
2
© 2014 Baker & McKenzie.Wong & Leow
UNCITRAL MODEL LAW
‒ Article 34(2). An arbitral award may be set aside by the court specified in article 6 only if:
‒ (a) the party making the application furnishes proof that:‒ (iv) … the arbitral procedure was not in accordance with
the agreement of the parties …
‒ (b) the court finds that:‒ (ii) the award is in conflict with the public policy of this
State.
3
© 2014 Baker & McKenzie.Wong & Leow
Quarella SpA v Scelta Marble [2012] 4 SLR 1057
Clause 25
This Agreement shall be governed by the Uniform Law for International Sales under the United Nations Convention of April 11, 1980 (Vienna) and where not applicable by Italian law
Clause 26
Any dispute which might arise shall be decided by arbitration to be carried out in Singapore in English according to the rules of the International Chamber of Commerce of Paris
4
© 2014 Baker & McKenzie.Wong & Leow
Triulzi Cesare v Xinyi Group[2014] SGHC 220
Governing law of contracts was Singapore law.
Argument that award was in conflict with Singapore’s public policy because the Tribunal failed to apply the CISG.
5
Baker & McKenzie.Wong & Leow is incorporated with limited liability and is a member firm of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm.© 2014 Baker & McKenzie.Wong & Leow
Chan Leng Sun, SC
Asia Pacific Head of International Arbitration,
Baker & McKenzie
+65 6434 2703