Singapore Court Upholds ICC Arbitration Agreement, Dismissing Challenge To Award

All in a good clause Singapore High Court upholds ICC arbitration agreement and dismisses challenge to award

Stephenson Harwood review the Singapore High Court’s decision in Sinolanka Hotels & Spa (Private) Limited v Interna Contract SpA [2018] SGHC 157, where it analysed which of two arbitration agreements applied to a dispute between the parties, and gave a salutary reminder to applicants to apply under the correct provisions of the International Arbitration Act when seeking to challenge a tribunal’s jurisdictional decision. The author comments that the Court also highlighted that a party may only apply for a jurisdictional ruling under section 10 of the IAA of Article 16(3) of the UNCITRAL Model Law where the tribunal had made a jurisdictional finding as a preliminary question. Where, as here, the tribunal decided on its jurisdiction as part of a final award, the Court has no power to make such a ruling.

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About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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