Search Results for: stay proceeding

Court can exercise Inherent Powers to Stay Proceedings in support of Arbitration

Under section 6 of both the Arbitration Act (Cap. 10) and the International Arbitration Act (Cap. 143A), the Singapore courts have the power to stay court proceedings when a party to an arbitration agreement commences court proceedings against any other … Continue reading

Posted in Arbitration, Asean, Singapore | Tagged , , , , , | 6 Comments

Between a rock and a hard place: Singapore High Court lifts stay of court proceedings on non-commencement of arbitration

Introduction Is a court entitled to lift a stay of proceedings in favour of arbitration if the conditions for lifting the stay have not been met? This is what the Singapore High Court (the “Court”) had to consider in Gulf … Continue reading

Posted in Arbitration | Leave a comment

Singapore High Court reaffirms its power to stay court proceedings in favour of arbitration

Introduction Can a non-party to an arbitration agreement apply to stay court proceedings in favour of arbitration? Would it make a difference if arbitration proceedings had not yet commenced? These were some of the questions before the Singapore High Court … Continue reading

Posted in Arbitration | Leave a comment

Stay of Proceedings – Standard of Proof that Arbitration Clause is not Null and Void

Parties to an arbitration agreement are expected to abide by it. Where a party commences court proceedings against the other party, then that other party may apply to the court to stay its proceedings in order that the dispute may … Continue reading

Posted in Arbitration, Asean, Singapore | Tagged , , , , , , | 1 Comment

Case Update: Power of the Singapore Court to grant permanent anti-suit injunction in aid of arbitration proceedings

In a previous post, we discussed the UK Supreme Court decision of Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP [2013] UKSC 35. The UK Supreme Court held that the English courts have the power to issue anti-suit injunctions … Continue reading

Posted in Uncategorized | Tagged , , , | 7 Comments

Can a claim on dishonoured cheque(s) avoid a stay for arbitration?

In the recent case of Piallo GmbH v Yafriro International Pte Ltd, [2013] SGHCR 20, a stay of proceedings was sought by the defendant, Yafriro, on the basis of an arbitration clause in a Distributorship Agreement between the parties. The … Continue reading

Posted in Arbitration, Hong Kong, Singapore, UK | Tagged , , , , , , , , , , | 3 Comments

Case Update: Singapore High Court exercises discretion not to grant stay in domestic arbitration

In a previous post, we discussed Singapore’s dual arbitration regime and, in particular, whether a reference that a domestic arbitration will be governed by the ICC rules sufficed to exclude the parties’ right of appeal on a question of law … Continue reading

Posted in Arbitration, Singapore | Tagged , , , , , , , , , | 1 Comment

Arbitrability of intra-corporate disputes

Arbitration is a consensual process. It is axiomatic that parties may only arbitrate those disputes that they have agreed to submit to arbitration. In some cases, after a dispute has arisen, parties to that dispute may agree to refer the … Continue reading

Posted in Arbitration, Asean, Australia, Singapore, UK | Tagged , , , , | 2 Comments

Case Update: Separate but Related Contracts with Different Dispute Resolution Clauses

A long running dispute before the Singapore courts recently came to an abrupt and unresolved end when the Singapore Court of Appeal decided that parties had to resolve their dispute in arbitration instead. The case of Burgundy Global Exploration Corp v … Continue reading

Posted in Arbitration, Philippines, Singapore | Tagged , , , , , , | Leave a comment

English Court has power to issue an anti-suit injunction in support of non-existent arbitration

In a unanimous decision, the UK Supreme Court held in Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP [2013] UKSC 35 that the English courts have the power to issue anti-suit injunctions in support of arbitration agreements where … Continue reading

Posted in Arbitration, Singapore, UK | Tagged , , , , , , , | 6 Comments