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All Journal Transnational Business Law Journal
Nadine Fakhira Putri Ravanti
Faculty of Law, Universitas Padjadjaran, Indonesia
Law, Crime, Criminology & Criminal Justice

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The Obligation to Decline National Jurisdiction for Arbitration: The SGHC 101 vs. HKLRD 866 Case Nadine Fakhira Putri Ravanti
Transnational Business Law Journal Vol. 7 No. 2 (2026): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 7, Number 2, August 2026
Publisher : Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24198/transbuslj.v7i2.2961

Abstract

This paper examines the implications of Article II of the 1958 New York Convention regarding the obligation of national courts to decline jurisdiction when a dispute is subject to a valid arbitration agreement. Using a comparative legal approach, the study analyzes two judicial decisions from different jurisdictions, namely The CYY v. CYZ Case (SGHC 101 of 2023) decided by the Singapore High Court and The Ever Judger v. Kroman Celik Case ([2015] 2 HKLRD 866) decided by the Hong Kong Court. This research highlights the interpretation and application of Article II of the New York Convention by national courts in dealing with arbitration disputes which has been brought before a domestic courts despite the existence of arbitration agreements. The results presented the national court’s decision to limit its judicial intervention and refer the disputes back to arbitration, thus showing a pro-arbitration stance. Therefore, Article II (3) is a significant rule in guaranteeing the enforceability of arbitration agreements throughout national jurisdictions, although different judicial implementations will ultimately influence the practical application. The outcomes contributed to the discussion surrounding enforceability of arbitration agreements across cross-border dispute resolution in both national domestic courts and international arbitration.
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