Will the presumption of “one-stop” adjudication apply to affect legal proceedings that are already underway for breaches allegedly committed prior to the change of the dispute resolution clause?
In CNA v CNB and another [2024] SGCA(I) 2, the Singapore Court of Appeal held that, to affect an arbitration that was already afoot, a dispute resolution clause had to be explicit in its terms if it was to remove the original jurisdictional foundation previously agreed between the parties to the arbitration, thus illustrating the limits of the presumption of “one-stop” adjudication.
Our Partners Chan Hock Keng and Jill Ann Koh acted for the respondents in successfully resisting the setting-aside applications before both the Singapore International Commercial Court at first instance and the Court of Appeal.
This update takes a look at the Court of Appeal’s decision.
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:
CHAN Hock Keng
Co-Head – Commercial & Corporate Disputes
d +65 6416 8139
e hockkeng.chan@wongpartnership.com
Click here to view Hock Keng's CV.
Jill Ann KOH
Partner – Commercial & Corporate Disputes
d +65 6517 8720
e jillann.koh@wongpartnership.com
Click here to view Jill's CV.