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
Citation
CHAN, Darius.
Interpreting contracts under Singapore law in international arbitration — The sequel. (2018). Singapore Law Gazette. .
Available at: https://ink.library.smu.edu.sg/sol_research/3042
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://lawgazette.com.sg/feature/interpreting-contracts-international-arbitration-sequel/