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The Titanic Battle for Jurisdiction to Determine the Validity of Arbitration Agreements in Applications for Stay of Court Proceedings: The Titan Unity [2013] SGHCR 28

Nicholas Poon

(2015) 27 SAcLJ 571

Singapore arbitration law permits a defendant in court proceedings to apply for a stay of the court proceedings on the ground that the dispute is subject to an arbitration agreement. At the same time, the law permits the plaintiff to resist the stay application by demonstrating that the arbitration agreement is, broadly speaking, invalid. These two rules are further complicated by yet a third rule that permits the arbitral tribunal to determine any challenge to its jurisdiction which may, from time to time, involve issues as to the validity of the arbitration agreement. Which is the proper forum to raise and determine such issues of validity?