Singapore, China - Pitfalls of an ambiguous arbitration clause: Singapore Court of Appeal provides guidance

These questions arose in the context of a challenge to an arbitral tribunal’s jurisdiction (BNA v BNB and another [2019] SGCA 84 (“BNA”)). The seat of arbitration and the proper law of the arbitration agreement in turn determined whether the Tribunal had jurisdiction – the arbitration agreement was potentially invalid if PRC law applied and if the arbitration was seated in the PRC. Interestingly, the arbitration clause attracted a different interpretation from each of the Tribunal, the High Cou