Arbitration Law Monthly
Jurisdiction: assignment of arbitration clauses
The Singapore Court of Appeal in BXH v BXI [2020] 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.