BMO V BMP

[2017] SGHC 127, High Court of Singapore, Justice Belinda Ang Saw Ean, 30 May 2017

Arbitration - Law applicable to arbitration clause - Separability - Scope of arbitration clause - Loss of right to arbitrate by waiver, repudiation and estoppel

Following a dispute in respect to the ownership and disposal of shares in BMP's subsidiary, BMP's receivers commenced judicial proceedings against BMO in the British Virgin Islands in July. The receivers subsequently became aware of the existence of an arbitration clause in the revised charter for BMP. They commenced arbitration in Singapore in March 2015 and applied for a stay of the BVI proceedings. In March 2016 the BVI proceedings were struck out. The arbitrator ruled that he possessed jurisdiction under the arbitration clause, and BMO appealed.