BLY v BLZ & Another: Stay of Arbitration Proceedings under International Arbitration Act
In BLY v BLZ & Another, the High Court of Singapore heard an application by BLY to stay an International Chamber of Commerce arbitration commenced in 2016, pending the determination of an application to review the Tribunal’s ruling on its jurisdiction. The court dismissed the application, declining to exercise its discretion to stay the arbitration. The court found that there were no special circumstances warranting a stay of the arbitral proceedings.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Application to stay the arbitration is dismissed.
1.3 Case Type
Arbitration
1.4 Judgment Type
Extempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Application to stay an International Chamber of Commerce arbitration pending review of the Tribunal's jurisdiction. The court declined to grant the stay.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| BLY | Plaintiff | Corporation | Application Dismissed | Lost | Alvin Yeo Khirn Hai S.C., Wendy Lin Weiqi, Mak Shin Yi |
| BLZ | Defendant | Corporation | Application Dismissed | Won | Cavinder Bull S.C., Foo Yuet Min |
| BMA | Defendant | Corporation | Application Dismissed | Won | Cavinder Bull S.C., Foo Yuet Min |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Belinda Ang Saw Ean | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Alvin Yeo Khirn Hai S.C. | WongPartnership LLP |
| Wendy Lin Weiqi | WongPartnership LLP |
| Mak Shin Yi | WongPartnership LLP |
| Cavinder Bull S.C. | Drew & Napier LLC |
| Foo Yuet Min | Drew & Napier LLC |
4. Facts
- BLY applied to stay an International Chamber of Commerce arbitration commenced in 2016.
- The application was made under s 10(9) of the International Arbitration Act (IAA).
- The application sought a stay pending the determination of an application to review the Tribunal’s ruling on its jurisdiction.
- The Tribunal had issued a Production Order requiring BLY to produce sensitive and confidential information.
- BLY argued that participating in the arbitration could amount to a waiver of its jurisdictional objections.
- BLY contended that it would suffer prejudice if forced to disclose confidential information to competitors.
5. Formal Citations
- BLY v BLZ & Another, Originating Summons No 291 of 2017 (Summons No 1197 of 2017), [2017] SGHC 59
6. Timeline
| Date | Event |
|---|---|
| International Chamber of Commerce arbitration commenced | |
| Tribunal’s Ruling on Document Production Requests | |
| Hearing | |
| Extempore Judgment |
7. Legal Issues
- Stay of Arbitral Proceedings
- Outcome: The court declined to grant a stay of the arbitral proceedings.
- Category: Procedural
- Related Cases:
- [2015] SGHCR 22
- Jurisdiction of Arbitral Tribunal
- Outcome: The court did not rule on the Tribunal's jurisdiction itself, but considered it in the context of whether to grant a stay.
- Category: Jurisdictional
8. Remedies Sought
- Stay of arbitral proceedings
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Arbitration
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| AYY v AYZ and another | High Court | Yes | [2015] SGHCR 22 | Singapore | Discusses the test for stay of arbitrations under s 10(9)(a) of the IAA, proposing an 'irreparable prejudice' test, which the present judgment critiques. |
| AQZ v ARA | High Court | Yes | [2015] 2 SLR 972 | Singapore | Cited for its reference to A Guide to the UNCITRAL Model Law on International Commercial Arbitration, regarding the balance between court control over jurisdictional decisions and preventing dilatory tactics. |
| O’Connor v Nova Scotia | Nova Scotia Court of Appeal | Yes | [2001] NSCA 47 | Canada | Cited by the Plaintiff to support the proposition that discovery once given cannot be taken back. The present case distinguishes itself from this case. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| International Arbitration Act (Cap 143A) | Singapore |
| International Arbitration Act (Cap 143A) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Stay of arbitration
- International Arbitration Act
- Tribunal jurisdiction
- Production order
- Special circumstances
- Irreparable prejudice
- Balance of convenience
15.2 Keywords
- arbitration
- stay of proceedings
- jurisdiction
- international arbitration act
- singapore
16. Subjects
- Arbitration
- International Arbitration
- Civil Procedure
17. Areas of Law
- Arbitration Law
- International Arbitration
- Civil Procedure