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Dispute Resolution and Arbitration
Singapore Management University
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Interpreting Contracts Under Singapore Law In International Arbitration — The Sequel, Darius Chan
Interpreting Contracts Under Singapore Law In International Arbitration — The Sequel, Darius Chan
Research Collection Yong Pung How School Of Law
Article 16(3) of the UNCITRAL Model Law on International Commercial Arbitration provides in relevant part that, “if the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party may request … the court … to decide the matter”. One question that arises is, to the extent issues of evidence arise, what rules of evidence should the court apply when “decid[ing] the matter”? Does the Court apply national rules of evidence, or does the Court apply the same rules of evidence, if any, that the tribunal was obliged to apply? This thorny question reared its head recently in …