Lessons for Enforcement Across Jurisdictions: Reflections on Astro v Lippo

Abstract

This article reviews the line of decisions from the courts of Singapore (2012-2013) and Hong Kong (2010-2017) arising out of the enforcement of five international arbitral awards made in Singapore. It discusses the active and passive remedies that are available to judgment debtors under the UNCITRAL Model Law, the application of the ‘good faith’ principle to the enforcement of awards and whether art 16(3) of the Model Law has a preclusive effect where awards are challenged for lack of jurisdiction.

Keywords: cross-border arbitration, arbitration, Astro v Lippo, Australian arbitration judicial decisions, arbitral law