Dichotomy between Jurisdiction and Admissibility: Illuminating the Twilight Zone BTN v BTP [2021] 1 SLR 276
| Pages | 153-167 |
| Date | 01 October 2022 |
| Published date | 01 October 2022 |
| Author | Joel Soon |
Dichotomy between Jurisdiction and Admissibility
153
Cambridge Law Review (2022) Vol VII, Issue 2, 153–167
Dichotomy between Jurisdiction and
Admissibility: Illuminating the Twilight
Zone
BTN v BTP [2021] 1 SLR 276
JOEL SOON
ABSTRACT
The Singapore Court of Appeal’s decision in BTN v BTP is significant insofar as it
affirmed that the tribunal versus claim test, which was introduced in its earlier
decision in BBA v BAZ, continues to apply to determine whether issues go towards
jurisdiction or admissibility. Notwithstanding the strong impetus for drawing a
dichotomy between jurisdiction and admissibility, the dichotomy’s usefulness is
called into question where issues defy easy classification. The inflexibility
perpetuated by the dichotomy has led to the emergence of a twilight zone. This
note will suggest that the dichotomy may be of limited usefulness in certain areas
in the law of arbitration, but ultimately acknowledges that the Singapore courts
are stuck between a rock and a hard place since alternatives have their own
shortcomings.
Keywords: arbitration; jurisdiction; admissibility; twilight zone; Singapore
I. INTRODUCTION
After two seminal apex court decisions in BBA v BAZ
1
(‘BBA’) and BTN v BTP
2
(‘BTN’), it is well-established in Singapore law that the ‘tribunal versus claim’ test,
which asks whether the objection is targeted at the tribunal or the claim,
3
applies
LLB Singapore Management University. I am grateful to the views and assistance of Ms Ch ang Wen Yee and Mr
Louis Lau Yi Hang. All errors remain my own.
1
BBA v BAZ [2020] 2 SLR 453.
2
BTN v BTP [2021] 1 SLR 276.
3
BBA (n 1) [77]; BTN (n 2) [69].
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