Wilson Lui and Vincent Ip on Conflicting Dispute Resolution and Arbitration Clauses (Asian Dispute Review)

"Conflicting Dispute Resolution and Arbitration Clauses"

Wilson Lui (Pre-Doctoral Fellow 2022–23), Vincent Ip

Asian Dispute Review

Published online: July 2025

Abstract: This article considers the approaches adopted by the courts of Hong Kong, Singapore and England & Wales towards the reconciliation or otherwise of conflicting dispute resolution clauses contained in multiple but related contracts. There is an overriding need for clarity of approach in construing conflicting clauses so that due regard may be had to upholding the agreed intention of the parties to such contracts. In addition to three broad paradigms of conflicting clauses, particular attention is drawn to a public policy-based ‘centre of gravity’ or ‘closeness’ approach that common law courts have recently begun to develop. The authors argue, however, that mutual invalidation of conflicting clauses should be avoided.