AYY v AYZ: Stay of Arbitration Application Under International Arbitration Act

AYY applied for a stay of arbitration involving AYZ and AZA, pending a challenge to the arbitral tribunal's jurisdiction. The High Court, presided over by Colin Seow AR, dismissed the application, finding that AYY had not demonstrated that continuing the arbitration would result in detriment that could not be adequately compensated by a costs order. The court awarded costs of $1,500 to AYZ and AZA.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application dismissed with costs awarded to AYZ and AZA.

1.3 Case Type

Arbitration Law

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Application for stay of arbitration pending jurisdictional challenge. The court dismissed the application, finding no irreparable detriment to AYY.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
AYYApplicantOtherApplication DismissedLost
AYZRespondentOtherCosts AwardedWon
AZARespondentOtherCosts AwardedWon

3. Judges

Judge NameTitleDelivered Judgment
Colin SeowAssistant RegistrarYes

4. Counsels

Counsel NameOrganization
Timothy ChanHarry Elias Partnership LLP
Francis GohHarry Elias Partnership LLP
Koh JunxiangCLASIS LLC
Mark ShanCLASIS LLC

4. Facts

  1. AYY applied for a stay of arbitration under section 10(9)(a) of the International Arbitration Act.
  2. The application was made pending the disposal of AYY's challenge to the arbitral tribunal's jurisdiction.
  3. AYY argued that the arbitration should be stayed until the High Court decides on the tribunal's jurisdiction.
  4. The Assistant Registrar dismissed the application, awarding costs to AYZ and AZA.
  5. The court found that AYY did not demonstrate irreparable detriment if the arbitration continued.
  6. The court considered the principles for stay of execution of court judgments pending appeals.

5. Formal Citations

  1. AYY v AYZ and another, Originating Summons No 695 of 2015 (Summons No 4895 of 2015), [2015] SGHCR 22

6. Timeline

DateEvent
Application heard
Oral judgment delivered dismissing the application
Note of oral judgment issued

7. Legal Issues

  1. Stay of Arbitration
    • Outcome: The court dismissed the application for a stay of arbitration.
    • Category: Procedural
    • Related Cases:
      • [2010] 4 SLR 326
  2. Jurisdiction of Arbitral Tribunal
    • Outcome: The court considered the challenge to the arbitral tribunal's jurisdiction in the context of the stay application.
    • Category: Jurisdictional

8. Remedies Sought

  1. Stay of Arbitration

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Arbitration
  • Commercial Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
HSBC Institutional Trust Services (Singapore) Ltd (trustee of Suntec Real Estate Investment Trust) v Picket & Rail Asia Pacific Pte LtdHigh CourtYes[2010] 4 SLR 326SingaporeCited for principles applicable to stay of execution of court judgments pending appeals, adapted for stay of arbitration applications.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
International Arbitration Act (Cap 143A, 2002 Rev Ed)Singapore
International Arbitration Act (Cap 143A, 2002 Rev Ed) s 10(9)(a)Singapore
International Arbitration Act (Cap 143A, 2002 Rev Ed) s 10(7)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Stay of arbitration
  • Jurisdictional challenge
  • International Arbitration Act
  • Arbitral tribunal
  • Irreparable detriment
  • Costs order

15.2 Keywords

  • arbitration
  • stay of proceedings
  • jurisdiction
  • international arbitration act
  • singapore

17. Areas of Law

Area NameRelevance Score
Arbitration90
International Arbitration85
International Commercial Arbitration80
Jurisdiction75
Contract Law30

16. Subjects

  • Arbitration
  • Civil Procedure