The following article explains the implications of the decision of the Singapore High Court (SGHC) in CJD v CJE. In this case, the court dismissed an application under section 10(3)(b) of the International Arbitration Act (IAA) to overturn a tribunal’s decision refusing to order a joinder of a third party to the arbitration. Notwithstanding that the proposed joining party was a party to the arbitration agreement between the existing parties to the arbitration, and the arbitration agreement incorporated institutional rules permitting joinder of other parties, the absence of express written consent from the proposed joining party meant that the tribunal had no jurisdiction to even allow a joinder.
This analysis was first published on Lexis®PSL on 29 March 2021.
