Non-satisfaction of pre-arbitration requirements: Moving away from conditions precedent towards the admissibility of a claim – NWA v NVF

• Main Authors: CHAN, Darius, SOON, Joel
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2022
• Subjects: Dispute Resolution and Arbitration
• Online Access: https://ink.library.smu.edu.sg/sol_research/3999; https://ink.library.smu.edu.sg/context/sol_research/article/5957/viewcontent/NWA_v_NWF_Article.pdf
• Institution: Singapore Management University

In earlier cases, the non-satisfaction of pre-arbitration requirements has been analysed by the Singapore and English courts by reference to the issue of conditions precedent. It was assumed without argument that, if a requirement was construed as a condition precedent, the failure to satisfy that requirement would deprive the tribunal of jurisdiction. More recently, English and Hong Kong case law has focused on a different issue, asking whether the failure to meet the pre-arbitration requirement affects the tribunal’s jurisdiction or the admissibility of the claim. This case note analyses whether the Singapore courts should follow suit.