01⬡ JUDGMENT
High Court holds in [2026] SGHC 186 that an emergency arbitrator's power to grant relief is governed solely by the lex arbitri or parties' agreement, not the law of the enforcement jurisdiction.
The court considered whether the emergency arbitrator had power to prohibit Moveon from receiving CMOT's liquidation proceeds. It held that such power must derive from the applicable law (Chinese law as lex arbitri) or the parties' agreement, and neither source provided it; Singapore law as the place of enforcement could not independently confer this power.
Why it mattersPractitioners must verify that emergency arbitrator powers exist under the seat's law or the arbitration agreement before seeking such relief, as the enforcement jurisdiction's law does not cure any deficiency.
JUDICIARY
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