Commercial courts and international arbitration--competitors or partners?

Abstract

Drawing on the author's extensive personal experience as an international arbitrator, Senior Counsel in Singapore, and the non-resident Chief Justice of the Dubai International Financial Centre (DIFC) Courts, this article examines the relationship between commercial courts and international arbitration in two jurisdictions, Singapore and Dubai. The author discusses the impact that the newly established Singapore International Commercial Court (SICC) will most likely have upon the Singapore International Arbitration Centre (SIAC) to conclude that these two dispute resolution forums will most likely complement one another. The article then moves on to discuss a novel, mutually beneficial interaction between the courts and arbitral institutions through the new Practice Direction of the DIFC which seeks to ‘convert’ court judgments into arbitration awards, thereby allowing successful parties to enforce their court judgments through either arbitration or litigation. United Arab Emirates Civil Procedure Code, Federal Law No. 11 (1992) (Hague) Convention on Choice of Court Agreements (2005) GCC (Gulf Cooperation Council) Convention for the Execution of Judgments, Delegations and Judicial Notifications (1996) Riyadh Arab Agreement for Judicial Cooperation (1983) Singapore Rules of Court, Order 110 (2015) DIFC (Dubai International Financial Centre) Arbitration Law No. 1 (2008) (New York) Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) Tjong Very Sumito v Antig Investments Pte Ltd [2009] 4 SLR(R) 732. Dalian Hualiang Enterprise Group Co Ltd v Louis Dreyfus Asia Pte Ltd [2005] 4 SLR 646. Halki Shipping Corporation v Sopex Oils Ltd [1998] 1 LLR 465. Hayter v Nelson Home Insurance Co [1990] 2 LLR 265. Ellerine Brothers (Pty) Ltd v Klinger [1982] 1 WLR 1375.