Publications scientifiques
2023Chapitre de livreanglais
Stay of Court Proceedings in Favour of Arbitration (ouvre dans un nouvel onglet)
Auteurs
Université de Yaoundé I
Autres auteurs
Goh Nelson
Lim Jonathan
Vérification de la session…
Publications scientifiques
Goh Nelson
Lim Jonathan
Oxford University Press eBooks
Abstract This chapter examines stay of court proceedings in favour of arbitration. Where litigation is commenced in Singapore courts, Section 6 of the IAA allows any other party to the arbitration agreement to seek a stay of the court proceedings on the basis that the dispute falls within the scope of an arbitration agreement. The chapter begins by introducing key principles that apply to stay of court proceedings, including the mandatory nature of the stay under Section 6; the parties’ respective burdens of proof in an application for a stay; the prima facie standard of review that will apply in an application for a stay; and other remedies available to the parties (apart from a stay) for breach of an arbitration agreement. It then discusses the requirements for obtaining a stay of court proceedings as set out in Section 6(1) of the IAA, including: the existence of a valid arbitration agreement; the requirement that the applicant be a party to the arbitration agreement; the timing of a stay application; and the requirement that the subject matter falls within the scope of the arbitration agreement. Section 6(2) provides that a stay of court proceedings must be made unless the Court finds that an arbitration agreement is “null and void, inoperative or incapable of being performed”, and the chapter discusses how this proviso has been interpreted. Finally, the chapter also discusses other orders that a court may make in a stay application, including a case management stay.