Baker McKenzie review the Singapore High Court’s decision in Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services (Private) Limited [2018] SGHC 78, where the Court held that where a tribunal had ruled on its own jurisdiction as a preliminary question, the party wishing to challenge the tribunal’s jurisdiction had to bring that issue to the supervisory court within 30 days of receipt of notice of the tribunal’s ruling and a failure to do so would preclude such party from raising the same jurisdictional objection in setting aside proceedings pursuant to Article 34(2)(a)(iii) of the Model Law. The Court held, however, that such a party is not precluded from raising the same jurisdictional challenge when it exercises its passive remedy of resisting enforcement of the award.
Singapore Court Decides There Is No Choice Of Active Remedies When Challenging Tribunal’s Ruling On Jurisdiction
