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11 May 2021

Damages for Breach of an Arbitration Agreement: An Available Remedy under Singapore Law?

Elan Krishna & Yi-Jun Kang

Published on e-First 11 May 2021

Abstract:
Singapore is often widely lauded for its efforts in continually refining its laws and legislation to maintain its status as one of the world’s leading centres for international commercial arbitration. The Singapore courts have also repeatedly affirmed a judicial policy of facilitating and promoting arbitration. This article will examine a rarely discussed lacuna under Singapore law in the circumstances where a party has commenced court proceedings in breach of an arbitration agreement: the lack of clear authority providing for damages for the breach of an arbitration agreement, as well as some lessons to be learnt from other jurisdictions.