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Stay of proceedings: conflicting arbitration and jurisdiction clauses

Arbitration Law Monthly

Stay of proceedings: conflicting arbitration and jurisdiction clauses

The problem of conflicting arbitration and jurisdiction clauses was addressed by Chual Lee Ming J in the Singapore High Court in Silverlink Resorts Ltd v MS First Capital Insurance Ltd [2020] SGHC 251. The judge’s conclusion was that it was possible to give effect to each by treating the matters within the jurisdiction clause as carved out from the arbitration clause.

Silverlink : the facts

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