A recent Singapore decision addresses two recurring and practically significant issues in international arbitration seated in Singapore. First, it clarifies the preclusive effect of Article 16(3) of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”) (“Article 16”) and section 10 of the International Arbitration Act 1994 (“Section 10”) on belated jurisdictional challenges where a tribunal has already ruled on jurisdiction as a preliminary question. Secondly, it revisits the increasingly important distinction between jurisdiction and admissibility, in the specific context of alleged non-compliance with pre-arbitral procedural requirements.
Please find the full update attached.