SEAT MATTERS: CHALLENGING A TRIBUNAL’S RULING ON JURISDICTION

By Akshay Kishore and Mark Ng

Kompetenz-Kompetenz is the universally accepted principle that empowers arbitration tribunals to decide on their own jurisdiction. However, recent decisions in the Indian Supreme Court and the Singapore High Court provide timely reminders on whether and when such jurisdictional rulings can be referred to the local supervisory court. Parties must remember the inconsistency across jurisdictions in timings its challenge to the Tribunal’s ruling on jurisdiction.

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India v Singapore as enforcement forums: pro-enforcement rhetoric and evolving judicial practices

Duane Morris & Selvam LLP has contributed to the latest edition of the Global Arbitration Review: The Asia-Pacific Arbitration Review 2027.

Our featured chapter, “India v Singapore as enforcement forums: pro-enforcement rhetoric and evolving judicial practices,” provides a comprehensive and comparative analysis of how both jurisdictions handle the enforcement of arbitral awards.

While both India and Singapore publicly champion pro-arbitration and pro-enforcement frameworks, their day-to-day judicial practices reveal key practical distinctions. Singapore courts intervene narrowly, strictly prioritizing the finality of awards. Conversely, while India has historically maintained a broader supervisory role, recent legislative and judicial reforms are actively working to limit intervention and streamline enforcement.

In this insightful piece, authors Ramiro Rodriguez, Priyank Srivastava, and Ignatius Lee review landmark cases from both jurisdictions, exploring what these shifting dynamics mean for businesses when selecting an arbitral seat or enforcement forum.

Read the full chapter here.

About Duane Morris & Selvam LLP
Duane Morris & Selvam LLP is the joint law venture between Duane Morris LLP and Selvam LLC, with its headquarters in Singapore. By way of its global platform and extensive range of legal services, the firm helps companies conduct business in and out of Asia, the United States, Latin America, the United Kingdom and beyond. In addition to the excellent skills of its lawyers, clients benefit from the cultural fluency and key relationships that the firm has developed over many years of practising law throughout the region. The firm has a presence in the key markets of Southeast Asia, including Singapore, Shanghai, Sydney, Hanoi, Ho Chi Minh, as well as an office in Myanmar. Supporting these regional offices, the firm operates a series of country desks for India, Korea, and Japan. It is regularly ranked among the region’s leading law firms by Chambers & Partners, The Legal 500 and IFLR1000.

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm’s full disclaimer.

Middle East Tensions: What Your Business Needs to Know

Escalating geopolitical tensions in the Middle East are disrupting global supply chains, maritime routes, and energy markets. The blockade over the Strait of Hormuz, and curtailed aviation routes, is having real time impact on business continuity. Companies with operations, suppliers, or contractual relationships connected to the region should act now to manage their legal and commercial exposure.

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Singapore’s Digital & AI Governance: A Pro-Innovation, Framework-Driven Model

By Leon Yee and Sally Kim

Singapore has positioned itself as a leading jurisdiction for digital transformation and artificial intelligence (“AI”) governance through a deliberately pro-innovation regulatory model. Rather than adopting a single, binding AI statute, Singapore relies on a combination of national strategies, voluntary governance frameworks, sector-specific guidance, and practical implementation tools. This approach reflects a policy choice to encourage responsible AI adoption while preserving flexibility as technologies evolve.

For businesses and legal practitioners operating in or from Singapore, AI compliance is not a matter of satisfying a single “AI Act,” but of navigating an ecosystem of interlocking frameworks and sectoral expectations. This article outlines that ecosystem, explains how digital and AI governance operate in practice, and highlights most relevant developments.

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Chambers Energy & Infrastructure M&A 2025 Global Practice Guide

The Chambers Energy & Infrastructure M&A 2025 Global Practice Guide was launched recently.

Duane Morris & Selvam’s Directors Priyank Srivastava, Ramiro Rodriguez, and Associate Colette Tan, as well as Duane Morris’ Partner Shelton M. Vaughan have contributed their valuable insight to the Singapore Chapter on Trends and Developments.

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“Phantom Workers – A Phantom Menace”

By Leon Yee, Patrick Ong and Hannah Poh

The Ministry of Manpower of Singapore (“MOM”) has been consistently implementing a multi-pronged strategy to tighten the work pass regime for foreigners, with the primary goals of fostering a strong local workforce, ensuring foreign workers complement local talent, and maintaining fair hiring practices.

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《联合早报》说法识法:冒险雇“幽灵员工” 小心捷径变死路

把名字借给某家公司老板,不但不必奔波上班,还能按月收到公积金存款,你敢吗?近年,一些公司为凑足本地员工人数,获取更多外籍员工配额,铤而走险寻找“幽灵员工”。这种看似抄捷径的做法,会触犯哪些刑事罪?借“人头”者会面对什么后果?违法公司在税务申报上,又会踩到哪些法律红线?本期《说法识法》邀请三名律师逐一解析。

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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