Stay of Litigation Pending Arbitration

Posted: 23 Feb 2005

See all articles by M. Sornarajah

M. Sornarajah

National University of Singapore - Faculty of Law


One early rule to emerge from the acceptance of arbitration by the common law courts was that they will withhold jurisdiction over a dispute which is subject to an arbitration clause. . . . This article explores the nature of this requirement to stay litigation in disputes arising from domestic contracts. There is a treatment of the subject in Mustill and Boyd on Arbitration. This article does not duplicate the points made in that work. It looks at the law through the decisions made on the subject by courts in Malaysia and Singapore and takes into consideration the case law in other common law jurisdictions after the last edition of that work.

Keywords: Arbitration law, civil procedure, stay of proceedings in favour of arbitration, Singapore, Malaysia

JEL Classification: K41, K49

Suggested Citation

Sornarajah, M., Stay of Litigation Pending Arbitration. Singapore Academy of Law Journal, Vol. 6, p. 61, 1994. Available at SSRN:

M. Sornarajah (Contact Author)

National University of Singapore - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776

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