Point of No Return - Singapore Court of Appeal explains when a party will lose the right to switch from litigation to arbitration

In the recent decision of Marty Ltd v Hualon Corp (Malaysia) Sdn Bhd (receiver and manager appointed) [2018] SGCA 63, the Singapore Court of Appeal held that a party who commences court proceedings in breach of an arbitration agreement, would lose the right to switch back to arbitration unless it can show that the court proceedings are not inconsistent with the agreement to arbitrate.