The meaning of “arbitration agreement”: unilateral and optional clauses
The obligation of a
Singapore court to stay its proceedings where there is a valid and applicable
arbitration clause, under section 6 of the International Arbitration Act, is
for all relevant purposes identical to the duty of the English court under section
9 of the Arbitration Act 1996. In each case, a stay can be refused only if
there is no arbitration agreement or if the arbitration agreement is null and
void, inoperative or incapable of being performed.
In Dyna-Jet Pte Ltd v
Wilson Taylor Asia Pacific Pte Ltd
SGHC 238 Vinodh Coomaraswamy J considered the question whether, for stay
purposes, a clause whereby one party alone had the right to determine whether
or not there should be a reference to arbitration amounted to an arbitration
agreement even though the election to arbitrate had not been exercised.
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