Find a Barrister

Find an Arbitrator

Generic selectors
Exact matches only
Search in title
Search in content
people

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

27/04/2016

When does an arbitration clause prevail

This is an archived article, and some links may not work. Contact us if you have any questions.

Clare Ambrose analyses the recent decision in Maybank Kim Eng Securities Pte Ltd v Lim Keng Yong and another [2016] SGHC 68

Where related claims arise out of related contracts containing conflicting jurisdiction clauses there is an inherent danger of multiplicity of proceedings with the risk of wasted costs and inconsistent decisions. In this case the Singapore High Court used its inherent powers to stay court proceedings pending the outcome of a related arbitration, even though this meant not giving full effect to an agreement for the exclusive jurisdiction of the courts of Singapore. In effect the competing arbitration agreement was given practical precedence over the choice of the Singapore court because this was in the interests of efficient case management and the pro-arbitration policy of Singapore’s legislation and case law. If a party uses inconsistent dispute resolution clauses in its standard terms then it is likely that the arbitration clause will prevail.

Steven Chong J’s decision reinforces and extends the Court of Appeal’s approach in Tomolugen Holdings v Silica Investors Ltd [2015] SGCA 57 (“Tomolugen Holdings Ltd”),decided under the International Arbitration Act (Cap143A, 2002 Rev Ed) (“the IAA”), by applying it in the context of a domestic arbitration.

Read full article here 


Share