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

Copyright Owner and License

Authors

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