Jurisdiction: termination of arbitration agreement

The Singapore Court of Appeal in Marty Ltd v Hualon Corporation (Malaysia) Sdn Bhd [2018] SGCA 63, a judgment delivered on behalf of the court by Judith Prakash JA, has broken with a long line of English authority for the proposition that the commencement of judicial proceedings in breach of an arbitration clause does not constitute a repudiatory breach of the clause.

The Singapore Court of Appeal has held that such conduct may be repudiatory and is capable of acceptance by the other party, thereby putting an end to the arbitration clause.