Publication Type

Journal Article

Version

publishedVersion

Publication Date

7-2018

Abstract

Article 16(3) of the UNCITRAL Model Law on International Commercial Arbitration provides in relevant part that, “if the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party may request … the court … to decide the matter”. One question that arises is, to the extent issues of evidence arise, what rules of evidence should the court apply when “decid[ing] the matter”? Does the Court apply national rules of evidence, or does the Court apply the same rules of evidence, if any, that the tribunal was obliged to apply? This thorny question reared its head recently in a Singapore High Court decision of BQP v BQQ [2018] SGHC 55, which follows an earlier discussion by a different Judge in HSBC Trustee (Singapore) Ltd v Lucky Realty Co Pte Ltd [2015] SGHC 93.

Keywords

Admission of extrinsic evidence, contractual interpretation, De Novo review, interpretation of contracts in arbitration

Discipline

Asian Studies | Dispute Resolution and Arbitration

Research Areas

Dispute Resolution

Publication

Singapore Law Gazette

Issue

July

ISSN

1019-942X

Publisher

LexisNexis Asia Pacific

Additional URL

https://lawgazette.com.sg/feature/interpreting-contracts-international-arbitration-sequel/

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