Singapore—failure to set aside an arbitral award on the basis of a novated expired contract (BXH v BXI)

Table of contents

• What are the practical implications of this case? Why is the decision of interest to arbitration, disputes and commercial lawyers?
• What was the background?
• What did the court decide?
• There was a valid arbitration agreement between the parties
• Constitution of the tribunal was in accordance with the parties’ agreement
• Comments and conclusion

Article summary

Arbitration analysis: What happens to an arbitration clause upon the expiration of the main agreement and where parties continued to perform the contract as if it had not expired? What is the Singapore court’s approach where the main contract contains both an arbitration clause and a court jurisdiction clause? Can the appointment of a sole arbitrator in accordance with the arbitration agreement be contrary to the same provision providing for a three-person tribunal? Shaun Lee, counsel in the dispute resolution group at Bird & Bird’s Singapore office, explains the implications of the Singapore High Court’s decision in BXH v BHI.