SINGAPORE Law and Practice Contributed by: Chou Sean Yu, Wendy Lin, Monica Chong Wan Yee and Frank Oh Sheng Loong, WongPartnership LLP
basis that the arbitration agreement was invalid under the law governing the arbitration agreement). An appeal against the decision of the General Division on jurisdiction may be brought only with permission of the appellate court. Where the tribunal makes a jurisdictional ruling as part of its final award, this can also be reviewed by the court in the context of an application brought to set aside the award in Singapore, as well as in an appli - cation brought to resist enforcement of the award in Singapore (see generally 11. Review of an Award and 12. Enforcement of an Award ). The courts will simi - larly undertake a de novo review of such jurisdictional rulings (see CBX and Another v CBZ and Others [2022] 1 SLR 47 at [11]). 5.3 Timing of Challenge Parties have the right to go to court to challenge the tribunal’s jurisdiction within 30 days after the tribunal rules on a plea as a preliminary question that it has jurisdiction or on a plea at any stage of the arbitral proceedings that it has no jurisdiction. Where the tri - bunal’s ruling on jurisdiction is made in its final award (rather than as a preliminary ruling), as indicated previ - ously, this can also be challenged in: • an application to set aside the award (which, under Article 34 (4) ML and Section 48 (3) AA, may not be made after three months from the date that the set-aside applicant had received the award, or, if a request has been made for correction/interpre - tation of the award, from the date on which the request is disposed of by the tribunal); or • an application to resist enforcement of the award. 5.4 Standard of Judicial Review for Jurisdiction/Admissibility Under Singapore law, a distinction is drawn between matters going to the tribunal’s jurisdiction (ie, “the power of the tribunal to hear a case”), and admis - sibility (ie, “whether it is appropriate for the tribunal to hear it”). For example, issues relating to the interpre - tation and application of the arbitration clause would be jurisdictional, while the issue of time-bar and non- compliance with pre-arbitral procedures would go towards admissibility. (See CYY v CYZ [2023] SGHC
101 at [41]; BBA and Others v BAZ [2020] 2 SLR 453 at [76]–[78]; DSQ v DSR [2026] SGHC 67 at [95]). The courts will undertake a de novo review for ques - tions of jurisdiction (see CBX at [11]). On the other hand, the courts will not intervene in the tribunal’s admissibility determinations (even if they are, in the court’s view, wrong) as such determinations engage the merits of the case and are within the sole purview of the tribunal (see CYY at [53]). 5.5 Breach of Arbitration Agreement Under Section 6 IAA, parties may apply to stay court proceedings in Singapore that are commenced in breach of an arbitration agreement, at any time after filing and serving a notice of intention to contest or not contest, and before delivering any pleading (oth - er than a pleading asserting that the court does not have jurisdiction in the proceedings) or taking any other step in the proceedings. The IAA requires that upon such application the court “is to make an order” staying the proceedings unless it is satisfied that the arbitration agreement is “null and void, inoperative or incapable of being performed”. Generally, the courts tend to take a supportive approach, and will uphold arbitration agreements that are workable and clearly evince the intention of parties to resolve a dispute by arbitration (see HKL Group Co Ltd v Rizq International Holdings Pte Ltd [2013] SGHCR 5). Notably, a different standard applies to arbitration agreements that fall under the scope of the AA. Under Section 6 AA, the court “may” (rather than “is to”) make an order staying the proceedings, if satisfied that: • there is no sufficient reason why the matter should not be referred in accordance with the arbitration agreement; and • the applicant was, at the time when the proceed - ings were commenced, and still remains ready and willing to do all things necessary to the proper conduct of the arbitration.
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