Publication Type
Case note/Digest
Version
acceptedVersion
Publication Date
10-2022
Abstract
In earlier cases, the non-satisfaction of pre-arbitration requirements has been analysed by the Singapore and English courts by reference to the issue of conditions precedent. It was assumed without argument that, if a requirement was construed as a condition precedent, the failure to satisfy that requirement would deprive the tribunal of jurisdiction. More recently, English and Hong Kong case law has focused on a different issue, asking whether the failure to meet the pre-arbitration requirement affects the tribunal’s jurisdiction or the admissibility of the claim. This case note analyses whether the Singapore courts should follow suit.
Discipline
Dispute Resolution and Arbitration
Research Areas
Dispute Resolution
Publication
Singapore Journal of Legal Studies
First Page
450
Last Page
463
ISSN
0218-2173
Publisher
National University of Singapore
Citation
CHAN, Darius and SOON, Joel.
Non-satisfaction of pre-arbitration requirements: Moving away from conditions precedent towards the admissibility of a claim – NWA v NVF. (2022). Singapore Journal of Legal Studies. 450-463.
Available at: https://ink.library.smu.edu.sg/sol_research/3999
Copyright Owner and License
Authors
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.