Share Price After Award Decision, page-139

Hey @Teddyward

Raised some valid considerations and as such I did a cursory check as per below which I feel may negate the jurisdiction concern hopefully.  .

Basically, can't go to SIAC without a relevant Arb clause already in place. Kind of logical for POH - Agila doc to be based around a more local (Asia) region for Arbitration against, conversely, the MYL acquisition doc as follows:

MYL & Agila acquisition doc outlines MYL's preferred Arb is the LCIA & 3 Arbitrators and as such expect the SIAC & 1 will be something a little diff for them maybe? Not much obviously, but just a little. Snip below.

There is also a SIAC Rule (51) for Summary Procedure / Early Dismissal as per snip. The fact this has gone on for so long indicates there was at least "some" substance to POH claims - whether upheld or not, we'll see.

As for Arb / Tribunal costs - I have also pasted some info from a study this year: Costs and Duration: A Comparison of the HKIAC, LCIA, SCC and SIAC Studies. Credit to the authors - with link to article.

Lastly, expanded longer term chart for diff view & zoomed in. GLA

Key Takeaways

• Based on a comparison of the four studies, the costs and duration of arbitral proceedings are ostensibly most attractive when administered by SIAC.
  • Unsurprisingly, in its recently released Annual Report 2017, SIAC announced a new record for the highest number of new case filings and administered cases in 2017, with 452 new cases filed by parties from 58 countries in 6 continents – a 32% increase from the number of cases filed in 2016.
• While other factors such as the scale of disputes before the respective tribunals may explain this difference, the analysis provides parties with a better idea of the time and expense that are likely to be incurred when using different arbitral institutions.
• With arbitral rules being amended to reflect evolving commercial realities – as is the case with the SCC and SIAC – the effect such amendments can have on the costs and duration of arbitrations should be closely monitored.

+This article may be cited as Wei Ming Tan, Shriram Jayakumar and Jolyn Khoo, “Costs and Duration: A Comparison of the HKIAC, LCIA, SCC and SIAC Studies” (13 March 2018) (https://singaporeinternationalarbitration.com/2018/03/13/costs-and-duration-a-comparison-of-the-hkiac-lcia-scc-and-siac-studies/)

Chart:

The green / red ribbons are multi EMA's from 5 - 90 days providing another way of looking at poss supp / resist areas & trend.