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ARTICLE · 12 JUNE 2023

[INTERNATIONAL ARBITRATION] Does My Claim Fall Inside Or Outside Of The Contract?

In an arbitration, jurisdictional challenges are commonly raised when a party contends that a particular claim does not fall within the scope of an arbitration agreement.

MalaysiaLitigation, Mediation & Arbitration

In an arbitration, jurisdictional challenges are commonly raised when a party contends that a particular claim does not fall within the scope of an arbitration agreement. What if, however, the issue turns on whether a claim falls within the scope of a contract? Would the interpretation of a contractual provision be a matter of claim admissibility, or does it go to the jurisdiction of an arbitral tribunal?

In CYY v CYZ [2023] SGHC 101, the Singapore High Court ("SGHC") decided that the question of whether a claim falls within the terms or scope of a contractual clause is a matter of claim admissibility, which does not affect the tribunal's jurisdiction to preside over such claim.

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