Repudiation

Admissibility, Competence-Competence, Fiji, Jurisdiction, Multi-tiered clauses, Pre-arbitral procedure, Repudiation

(Munro Leys)/ /Leave a comment

This article discusses the approach taken by the High Court of Fiji (“Court”) on the oft written about topic of whether failure to adhere to a multi-tiered dispute resolution clause is an issue of jurisdiction or admissibility. As previously reported, last year, in Housing Authority v Top Symphony [2023] FJHC 301 (“Top Symphony”), the Court…

Arbitration Agreement, Repudiation, Singapore, Singapore Court of Appeal

(Fountain Court Chambers)/ /1 Comment

In Marty Ltd v Hualon Corporation (Malaysia) Sdn Bhd [2018] SGCA 63, the Singapore Court of Appeal held that an arbitral tribunal had no jurisdiction because the claimant in the arbitration (“Hualon”) had repudiated the arbitration agreement1)See here another discussion of this case from the Singapore law perspective. Of most interest, the decision appears to create…