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Setting Aside Preliminary Rulings on Jurisdiction: International Research Corp plc v Lufthansa Systems Asia Pacific Pte Ltd [2014] 1 SLR 130 and PT Asuransi Jasa Indonesia (Persero) v Dexia Bank SA [2007] 1 SLR(R) 597

Nicholas Poon

(2014) 26 SAcLJ 269

Abstract:
Following PT Asuransi Jasa Indonesia (Persero) v Dexia Bank SA [2007] 1 SLR(R) 597, it has been assumed that preliminary rulings on jurisdictions are incapable of being set aside in the same way that an arbitral award can because such rulings are not on the substance of the dispute which is what an award is defined as. However, this assumption came under some scrutiny recently in the High Court and Court of Appeal’s decisions in International Research Corp plc v Lufthansa Systems Asia Pacific Pte Ltd [2014] 1 SLR 130. The aftermath of the Court of Appeal’s decision leaves no doubt that the court has the power to overturn a tribunal’s preliminary ruling. However, it arguably left open the question of whether a preliminary ruling can be set aside in the same way that an award can. This note suggests that the better view is that such preliminary rulings can be characterised as awards so-called with the corollary that it can be set aside in the conventional sense as understood in arbitration lingua franca.