Singapore—dismissal of application to set aside tribunal’s decision resisting ‘forced joinder’ of third party to LCIA arbitration (CJD v CJE)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the SGHC decide?
• Case details

Article summary

Arbitration analysis: The Singapore High Court (SGHC) dismissed an application under section 10(3)(b) of the International Arbitration Act (IAA) to overturn a tribunal’s decision refusing to order a joinder of a third party to the arbitration. Notwithstanding that the proposed joining party was a party to the arbitration agreement between the existing parties to the arbitration, and which arbitration agreement incorporated institutional rules permitting joinder of other parties, the absence of express written consent from the proposed joining party meant that the tribunal had no jurisdiction to even allow a joinder. Jonathan Choo, partner, Shaun Lee, counsel and Low Zhe Ning, associate, in the dispute resolution group at Bird & Bird ATMD LLP explain the implications of this decision.