Singapore CA Explains The Point Of No Return Between Litigation And Arbitration

Singapore Court of Appeal explains when a party will lose the right to switch from litigation to arbitration

Linklaters review the 2018 decision in Marty Ltd v Hualon Corp (Malaysia) [2018] SGCA 63, where the Singapore CA held that a party who commences court proceedings in breach of an arbitration agreement would lose the right to switch back to arbitration unless it could show that the court proceedings were not inconsistent with the agreement to arbitrate and, further, that the counterparty would lose the right to insist on arbitration once it has accepted the court’s jurisdiction to decide on the merits of the dispute. … READ MORE

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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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