Singapore and Hong Kong Courts apply choice of remedies principle in international arbitration
A party’s freedom to challenge an arbitral award using both “active” remedies at the seat of arbitration, and “passive” remedies at the place of enforcement, is known as the “choice of remedies” principle. This principle was articulated in the seminal case of PT First Media TBK v Astro Nusantara International BV and others (“Astro (SG)”), and has been endorsed by the Hong Kong Courts this year in proceedings between the same parties, Astro Nusantara International BV and Others v PT First Media TBK (“Astro (HK))”. Separately, the Singapore High Court (“SGHC”) also affirmed the choice of remedies principle in Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services (Pte) Ltd (“Rakna”) in relation to an application to set aside an award on jurisdictional grounds. This update summarizes the key aspects and implications of from these two decisions.
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