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Jurisdiction: assignment of arbitration clauses

Arbitration Law Monthly

Jurisdiction: assignment of arbitration clauses

The Singapore Court of Appeal in BXH v BXI [2020] SGCA 28 had to disentangle some eight related contracts to determine whether the respondent in the proceedings was able to enforce an arbitration clause against the appellant.

The case decides a series of important points: in the case of a conflict between a jurisdiction and arbitration clause, the latter prevails; an arbitration clause is capable of assignment by notice given by either the assignor or assignee; where it is contended that an assignment is invalid, the claim relates to the validity of the arbitration agreement; and where a person who commences arbitration before becoming assignee of the clause the tribunal has no jurisdiction and subsequent assignment cannot perfect the title.

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