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Agreements to arbitrate: pathological arbitration clauses and stays of proceedings

Arbitration Law Monthly

Agreements to arbitrate: pathological arbitration clauses and stays of proceedings

The question before Pang Khang Chau JC in the High Court of Singapore, in KVC Rice Intertrade Co Ltd v Asian Mineral Resources Pte Ltd and Another [2017] SGHC 32 was whether judicial proceedings should be stayed where the arbitration clause contained no detail.

The issue is less problematic in England, where the Arbitration Act 1996 allows the court to assert jurisdiction to assist with an arbitration despite the choice of a seat, applicable law or procedure, but the Singapore court in the present case was prepared to imply the necessary default powers.

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