Your Authoritative Source on Singapore Law

Anti-Suit Injunctions in Aid of International Arbitrations – A Rethink for Singapore

Michelle Lee

(2015) 27 SAcLJ 438

In an effort to enforce arbitration agreements that provide for international arbitrations seated in Singapore, the Singapore courts have on occasions granted interim or permanent anti-suit injunctions to restrain parties from commencing or continuing foreign court proceedings. At first blush, the grant of such anti-suit injunctions in aid of international arbitrations seems to be a pro-arbitration move. However, this article calls for a rethink on the source of the court’s power to grant such anti-suit injunctions and suggests that the Singapore courts do not have the power to grant such injunctions, for the existence of such power would be contrary to the design of the Model Law and the doctrine of Kompetenz-Kompetenz enshrined in Art 16 of the Model Law.