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Singapore Leading Case arbitration agreementsunfair prejudice s994

Tomolugen Holdings Ltd v Silica Investors Ltd

[2016] 1 SLR 373
JurisdictionSingapore
CourtSingapore Court of Appeal
Year2016
StatusBinding authority

Summary

Singapore Court of Appeal held that courts have an inherent power to stay court proceedings in favour of arbitration where only part of a dispute is arbitrable, balancing case management with minority oppression claims.

Key Principle

case management stay of court proceedings where dispute partly subject to arbitration; balancing arbitration and minority oppression claims

Area of Law

arbitration

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A dispute must be referred to arbitration if it falls within the scope of the arbitration agreement, applying a generous interpretation in favour of arbitrability.

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Enforcement of international commercial arbitral awards does not involve arbitrators exercising judicial power; enforcement itself is a judicial function constitutionally vested in Chapter III courts.

Re Shift Energy Asia Limited [2025] HKCFI 6415

Court considered how the Guy Lam discretion operates where the existence of an arbitration agreement is itself in dispute.

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