It is rare indeed for a challenge to an award to succeed. Accordingly, the courts do not often get a chance to consider the appropriate remedy in such a case, in particular whether the award should be remitted to the tribunal or set aside. The Singapore Court of...

It is uncontroversial to say that the seat court has supervisory jurisdiction over an arbitration. But can another, non-seat court, have a residual jurisdiction to grant relief in respect of matters not within the purview of the seat court? That was the issue that the...

Would the enforcement of an unless order issued for the purposes of enforcing a procedural order be tantamount to fashioning a new ground for refusing the enforcement of a foreign arbitral award in contravention of the New York Convention[1] (the “Convention”)? The...

Natural justice challenges to an arbitration award of the infra petita variety, i.e. that the tribunal had not carried out its mandate by considering all the material issues that were raised in the arbitral proceedings, have become increasingly common in recent years....

The doctrine of res judicata was developed to ensure finality in litigation, to prevent endless litigation over the same subject matter typically between the same parties. Over time, it was observed that litigants were circumventing the doctrine by strategically...

Arbitration institutions like the SIAC will usually have, under their rules, considerable powers to make administrative decisions for the purpose of administering arbitrations e.g. the extension or abbreviation of time limits; whether a dispute warrants the...

This decision is of great interest as it is relatively unusual for a court to grant an ex parte injunction in support of an arbitration, let alone a foreign seated arbitration. The Singapore International Commercial Court (“SICC”), in a pithy decision delivered ex...

In arbitral proceedings generally, pleadings are not necessarily determinative in the same way or to the extent that they might be in court litigation; the consensual nature of arbitration means that the parties may agree to an unpleaded issue being dealt with in the...

Introduction The case of Aastar Trading Pte Ltd v Olam Global Agri Pte Ltd[1], decided by the General Division of the High Court of Singapore, analyses the legal principles concerning the enforcement of foreign arbitral awards and the interplay between enforcement of...

The Singapore Court of Appeal has started the new year with a decision on an interesting point of law; whether a non-participating party to an arbitration can challenge an arbitral award on the ground that the arbitrator had failed to consider a point which was not...