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Singapore High Court Examines Order of Precedence Clause

Order of Precedence

The Court also dismissed applications to challenge the jurisdiction of an arbitral tribunal and to set aside a final award, in a case that highlights the importance of “Priority of Documents” or “Order of Precedence” clauses contained within a series of contracts.

The Singapore High Court, in Sinolanka Hotels & Spa (Private) Limited v Interna Contract SpA [2018] SGHC 157, on 6 July 2018 dismissed an application under Section 10 (3) of the Singapore International Arbitration Act (IAA), ruling that the arbitral tribunal lacked jurisdiction to determine the dispute. The Court also dismissed the alternative application to set aside the final award under Section 34(2)(a) of the UNCITRAL Model Law.

In dismissing the first application, the Court held that the applicant had no basis to challenge the jurisdiction of the arbitral tribunal because it had accepted the arbitral tribunal’s jurisdiction pursuant to the operation of the Order of Precedence clause found in the contractual documents. [Read More]

Source: Stephen Cheong | Morgan Lewis – JDSupra

 

Litigation Edge