RE: Bake is Cooked27 May 2026 09:54
AI Google it this is law
Yes, filing a substantive Defence in the High Court would invalidate their ability to secure a stay of the court proceedings in favour of arbitration.
Under common law jurisdictions governing High Court procedures (such as Singapore's Arbitration Acts), filing a Defence constitutes "taking a step in the proceedings" to answer the substantive merits of the claim.
Doing so waives the right to arbitrate and submits the party to the jurisdiction of the court.
Key Legal Mechanics
Taking a "Step in Proceedings": Under standard arbitration statutory frameworks (such as Section 9(3) of the UK Arbitration Act or Section 6 of Singapore’s Arbitration Act), a party loses their statutory right to apply for a court stay if they take an action that implicitly acknowledges and accepts the court's jurisdiction to resolve the core dispute.The Nature of a Defence: A Defence is the ultimate procedural step answering a substantive claim. It forces the court to look at the facts and legal merits of the dispute rather than its jurisdiction.Waiver of the Arbitration Clause: By asking a High Court judge to rule on the merits outlined in a Defence, Zheng and Zhu would legally waive their contractual right to resolve that specific dispute via arbitration (e.g., SIAC or LCIA