Competing dispute resolution clauses: Arbitration over litigation in Singapore?

With the increasing prevalence of arbitration today, contracting parties often inadvertently incorporate both an arbitration clause and a jurisdiction clause within the same contract in relation to resolving disputes arising out of or in connection with the contract, which then poses difficulties in ascertaining the forum for the resolution of the parties' dispute. This article explores the approach taken by the Singapore Courts when dealing with such competing dispute resolution clauses. It begins with the applicable principles to competing dispute resolution clauses before turning to two related issues, namely, (i) circumstances warranting a departure from the general applicable principles, and (ii) the Courts' powers to stay legal proceedings in favour of arbitration.