Arbitration analysis: In this decision, the Singapore International Commercial Court (SICC) considered whether to stay enforcement proceedings of a foreign arbitral award in favour of new arbitration proceedings as to the right to enforce the award. The claimant, DKB, sought to enforce a Swiss-seated arbitral award against the defendant, DKC. Relying on a subsequent settlement deed (Settlement Deed), DKC argued that enforcement was contractually stayed and that disputes regarding the stay should be referred to arbitration under the Settlement Deed’s arbitration clause providing for expedited arbitration under the rules of the Stockholm Chamber of Commerce (SCC). The SICC granted a stay of the enforcement proceedings, subject to conditions, to allow the dispute over the right to enforce the award to be resolved by arbitration. The decision clarifies the interplay between (i) the International Arbitration Act (IAA) provisions on enforcement and stays and (ii) the effect of post-award settlement agreements containing arbitration clauses. Written...
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