Failure to set aside an arbitral award on the basis of a novated expired contract (BXH v BXI)
Written By
Partner
Singapore
As a partner in our Dispute Resolution Group in Singapore, I act regularly for our private sector and governmental clients in high-value complex transnational commercial, regulatory & shareholder/labour disputes across the TMT and financial sectors, as well as in the infrastructure, energy & utilities space.
Arbitration analysis: What happens to an arbitration clause upon the expiration of the main agreement and where parties continued to perform the contract as if it had not expired? What is the Singapore court's approach where the main contract contains both an arbitration clause and a court jurisdiction clause? Can the appointment of a sole arbitrator in accordance with the arbitration agreement be contrary to the same provision providing for a three person tribunal?
