Introduction
In the landmark decision of International Research
Corp PLC v Lufthansa Systems Asia Pacific Pte Ltd and another
[2013] SGCA 55 [IRCP v Lufthansa] delivered on 18
October 2013, the Singapore Court of Appeal departed from the
strict rule governing the incorporation of arbitration clauses from
one contract into another.
The strict rule of incorporation of arbitration clauses requires
a clear and express reference to an arbitration clause contained in
one contract before the arbitration clause may be incorporated into
a separate, albeit related, contract.
This strict rule was first established by the English House of
Lords in TW Thomas & Co Limited v Portsea Steamship Company
Limited [1912] AC 1. In 1996, it was imported into our
jurisprudence when the Singapore Court of Appeal applied the strict
rule in Star-Trans Far East Pte Ltd v Norske-Tech Ltd and
others [1996] 2 SLR(R) 196 [Star Trans] at [28]. Star Trans
has been, till now, the authority on the
