Authors: Kevin Yehezkiel (Associate) & Reynalda Basya Ilyas (Associate)
On 30 December 2016, the Singapore International Arbitration Centre (“SIAC”) announced the issuance of the 1st (first) edition of its Investment Arbitration Rules (“Investment Arbitration Rules”), which came into force on 1 January 2017.
Contact: Antony Morris
COURTS SUPPORT ENFORCEMENT OF NON-COMPETE COVENANT AGAINST DEPARTING EMPLOYEE
The recent interim judgment of the High Court in the case of Ropner Insurance Services Limited -v- Wood and Clearwood International Limited has emphasised once again that courts are willing in appropriate cases to grant injunctions to prevent employees breaching restrictive covenants. Although interim injunctions are intended to hold the position until a final decision of the court is made, in practice they can signal the end of the case, as the ex-employee is then prevented from competing and left without resources to fight the litigation. As a result, such orders can be extremely powerful weapons for employers. However, enforcing restrictive covenants through the courts is not straightforward: they need to be drafted very carefully to ensure that they go no further than is necessary to protect the employer’s legitimate business interests.
Useful guidance has been given by the courts on the management of procurement challenges where the complaint relates to the tender documents themselves.
Bidders involved in regulated tenders have only a 30 day period in which to bring legal proceedings alleging a breach of the Public Contracts Regulations 2015 (the Regulations). In the case of challenges to the design of the tender, this usually means that proceedings must be issued before the outcome of the tender is known. This can present unique case management difficulties for the courts.
Contact: Fatih Isik
The International Court of Arbitration of the International Chamber of Commerce (ICC Court”) has recently announced important amendments to the ICC Rules of Arbitration (“Rules”). Among others, the amendments also contain inclusion of expedited procedure to the Rules. The press release states that the amendments are made “with the aim of further increasing the efficiency and transparency of ICC arbitrations.” The revised rules will apply from March 1st, 2017.
Prof. Dr. H. Ercument Erdem
Document production requests in international arbitration play an important role, since they ensure that the parties have access to documents that are not in their possession, in order to provide sufficient proof for their claims. In parallel with this important role, document production requests are closely related to the parties’ right to due process, since the documentation of an issue may totally depend on a document production request.