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

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Arbitration Clause in Settlement Agreement Triggers a Stay of Court Proceedings on Case Management Grounds

In the case of PUBG Corp v Garena International I Pte Ltd and others [2020] SGCA 51 (“PUBG”), the Singapore Court of Appeal had to decide whether or not to grant a stay of the parties’ ongoing court proceedings (“Court Proceedings”) in … Continue reading

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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

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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

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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

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SGCA clarifies applicable standard of review in dismissal of winding-up proceedings in favour of arbitration

The coronavirus pandemic has left companies increasingly concerned about the possibility of winding-up as a result of a failure to pay debts. In a situation where a party’s disputed debt is subject to an arbitration clause, the debtor may wish … Continue reading

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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

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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

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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

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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