Abstract
Relying on the already controversial Insigma Technology Co. Ltd. v. Alstom Technology Ltd. decision, the High Court of Singapore has recently upheld a pathological arbitration clause on the condition that the parties to the dispute obtain the agreement of the Singapore International Arbitration Centre (SIAC) or any other arbitral institution in Singapore 'to conduct a hybrid arbitration applying the International Chamber of Commerce (ICC) rules'. The court rendered its decision in HKL Group Ltd v. Rizq International Holdings Pte. Ltd. and upheld it in HKL Group Co. Ltd. v. Rizq International Holdings Pte. Ltd. This note examines the rationale for the court's decision and whether it was justified in the circumstances. The note also examines whether the court's reasoning has wider and perhaps undesirable implications for international arbitration in the Asia-Pacific region.
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