CZQ & Anor v CZS [2023] SGHC(I) 16 (27 October 2023)

CZQ & Anor v CZS [2023] SGHC(I) 16 (27 October 2023)

Compliance with Sub-Clause 20.5 was not a condition precedent to the commencement of arbitration under Sub-Clause 20.6, as there were no clear words in the contract to that effect; the only restriction on arbitration was that the dispute must not have been settled amicably.

Citation
[2023] SGHC(I) 16
Parties
Applicant: CZQ; Applicant: CZR; Respondent: CZS
Jurisdiction
Singapore
Judgment Date
27 October 2023
Procedural Posture
Originating Application / Jurisdictional Challenge to Arbitral Tribunal Under S 10 International Arbitration Act 1994
Outcome
Application dismissed
Legal Topics
Condition Precedent to Arbitration, Interpretation of Arbitration Clauses, FIDIC Contracts, Jurisdiction of Arbitral Tribunal
Arbitration Contract Law Construction Law Condition Precedent to Arbitration Interpretation of Arbitration Clauses FIDIC Contracts Jurisdiction of Arbitral Tribunal

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Parties

CZQ

Applicant

CZR

Applicant

CZS

Respondent

Procedural Posture

Originating Application / Jurisdictional Challenge to Arbitral Tribunal Under S 10 International Arbitration Act 1994

Legal Issues

  1. 1 Whether compliance with Sub-Clause 20.5 (amicable settlement) is a condition precedent to commencement of arbitration under Sub-Clause 20.6
  2. 2 Proper construction of Clause 20 of the Contract

Ratio Decidendi

Compliance with Sub-Clause 20.5 was not a condition precedent to the commencement of arbitration under Sub-Clause 20.6, as there were no clear words in the contract to that effect; the only restriction on arbitration was that the dispute must not have been settled amicably.

Court Disposition

Application dismissed

Orders

  • Respondents' application for a determination that the tribunal had no jurisdiction is dismissed.
  • Costs reserved to the tribunal.