BNP and another v BNR - 2017 SGHC 269 - 31 October 2017
This application is made under s 10(3) of the International Arbitration Act (Cap 143A, 2002 Rev Ed) ("IAA"). The plaintiffs seek a determination by this court that the Tribunal does not have jurisdiction over the arbitration, which is administered under the Rules of Arbitration of the International Chamber of Commerce ("the ICC Rules"). The plaintiffs contend that the Tribunal is not properly composed, as the third member of the Tribunal was appointed as the president of the tribunal and not an umpire, contrary to the arbitration agreement. The issue here concerns how the arbitral tribunal is to be constituted.