SINGAPORE 7

12 - 01 - 2009

SINGAPORE 7

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXIV (2009)
Jurisdiction Singapore
Summary

Singapore 7. High Court, 12 January 2009

Related topics
217

The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.

Referral to arbitration in general
219

The court discusses how to determine that there is a dispute as a condition for referral to arbitration.

There must be a dispute
220

The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

"Null and void", etc.
SINGAPORE 7