Jurisdiction: assignment of arbitration clauses
The Singapore Court of Appeal in BXH v BXI  SGCA 28 had to disentangle some eight related contracts to determine whether the respondent in the proceedings was able to enforce an arbitration clause against the appellant.
The case decides a series of important points: in the case of a conflict between a jurisdiction and arbitration clause, the
latter prevails; an arbitration clause is capable of assignment by notice given by either the assignor or assignee; where
it is contended that an assignment is invalid, the claim relates to the validity of the arbitration agreement; and where a
person who commences arbitration before becoming assignee of the clause the tribunal has no jurisdiction and subsequent assignment
cannot perfect the title.
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