Legal Update: When should an arbitral award be set aside or refused enforcement on the grounds that it was time-barred?

Under the Singapore Limitation Act, an award must be enforced within 6 years. Does this mean that if the award is registered before the 6 years expires, it can be enforced later, or must the award be registered and enforced within the 6 years. This issue was addressed by the Singapore High Court in this recent decision - South of England Protection and Indemnity Association (Bermuda) Ltd (in liquidation) v Pacmar Shipping Pte Ltd.

The High Court decision is consistent with the position in other jurisdictions such as United Kingdom and Hong Kong. Once the award is registered, the applicable time-bar is that for judgements, which in the case of Singapore, is 12 years from the date of the judgement.

Please click on the attachment for more details.