Read the full judgment text of HCCT 136/2024 on BabelCite. This High Court CFI judgment was delivered on 18 July 2025 before Hon Mimmie Chan J.
Arbitration law — Jurisdiction — Determination of centre of gravity for competing arbitration agreements — 2017 SPA and 2021 SPA contain different arbitration clauses — Complex corporate and contractual structure involving VIE companies and multiple parties — Defendant investor exercises put option under 2021 SPA but claims based on warranties and indemnities under 2017 SPA — Tribunal appointed under 2017 SPA dismisses Jurisdictional Objection — Plaintiffs challenge Tribunal’s jurisdiction arguing 2021 SPA is the proper arbitration agreement — Court applies centre of gravity test, finds 2017 SPA governs claims involving all Plaintiffs, including those not parties to 2021 SPA — Claims properly fall within jurisdiction of Tribunal constituted under 2017 SPA — Holding respects parties’ intentions and prevents fragmentation of dispute resolution — Application dismissed with costs on indemnity basis and certification for two Counsel.
Legal issues: Tribunal’s jurisdiction over Claims 1 to 3
Outcome: Plaintiffs’ Originating Summons challenging Tribunal’s jurisdiction under Article 16(3) of the Model Law is dismissed.
Cites 3 cases