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Arbitration Law Monthly RSS feed

Dispute resolution clauses: jurisdiction and admissibility

Online Published Date : 12 August 2022 | Appeared in issue: Vol 22 No 01 - 17 December 2021

In C v D [2021] HKCFI 1474, Godfrey Lam J in the Hong Kong SAR Court of First Instance has confirmed the distinction drawn in recent cases in England and Singapore between jurisdiction and admissibility. The effect of the decision is that any dispute as to whether the conditions precedent to arbitration laid down in a dispute resolution clause is for the tribunal and not for the court to resolve.