10 Jurisdiction of the Tribunal: (SIAC RULE 28)

Subject(s):

Arbitral agreements

This chapter discusses Singapore International Arbitration Centre (SIAC) Rule 28. Rule 28 achieves two things. First, it provides a means by which a party, typically a respondent, can submit an early challenge to the existence or validity of an arbitration agreement or the competence of SIAC, which will be determined by the SIAC Court on a prima facie basis. Second, Rule 28 confirms the power of a SIAC tribunal, once constituted, to rule definitively on its own jurisdiction — a power which rests on the twin principles of competence–competence and separability. The chapter also briefly explains the approach taken as a matter of Singapore law to the interpretation of arbitration agreements and the determination of whether a dispute is arbitrable.