WILSON TAYLOR ASIA PACIFIC PTE LTD V DYNA-JET PTE LTD

[2017] SGCA 32, Singapore Court of Appeal, Sundaresh Menon CJ, Judith Prakash JA, Steven Chong JA, 26 April 2017

Arbitration - Stay - Arbitration agreement subject to election by one party - International Arbitration Act 2001

The parties had entered into a contract for Dyna-Jet to install underwater anodes on Diego Garcia. The contract contained a dispute resolution clause, whereby disputes that could not be amicably settled "at the election of Dyna-Jet, ... may be referred to and personally settled by means of arbitration proceedings" under English law in Singapore. Dyna-Jet commenced proceedings in Singapore, thereby electing in effect not to refer the dispute to arbitration. The Assistant Registrar and judge had both dismissed the application of Wilson Taylor for a stay of proceedings in favour of arbitration. The judge's ground for doing so was that the agreement was incapable of being performed because of Dyna-Jet's election to litigate.