Court of Appeal Clarifies Principles on Jurisdictional Challenge Premised on Absence of Contract

27 Nov 2023 CaseWatch

In COT v COU and others and other appeals [2023] SGCA 31, a case concerned with three applications to set aside an arbitral award on the premise that there was no concluded contract (and therefore no valid arbitration agreement), and where the absence of the contract was also the substantive issue in dispute in the underlying arbitration, the Singapore Court of Appeal clarified that a seat court hearing such an application need only concern itself with whether the contract existed.

Our Partners Koh Swee Yen SC and Hannah Lee, and Associate Claire Lim represented the appellant in CA/CA 12/2022 before the Court of Appeal.

If you would like information and/or assistance on the above or any other area of law, you may wish to contact the Partner at WongPartnership whom you normally work with or any of the following Partners:

KOH Swee Yen, Senior Counsel
Head – International Arbitration
Partner – Commercial & Corporate Disputes
d +65 6416 6876
e sweeyen.koh@wongpartnership.com
Click here to view Swee Yen’s CV.

Hannah LEE
Partner – Commercial & Corporate Disputes
d +65 6517 3756
e Hannah.Lee@wongpartnership.com
Click here to view Hannah’s CV.