Foreign States Have Additional Time To Apply To Set Aside Orders For Leave to Enforce Arbitral Awards, Singapore High Court Rules

14 Apr 2022 CaseWatch

The General Division of the High Court of Singapore (“High Court”) has issued a decision on a novel issue of interpretation of the State Immunity Act, finding that the time limited for a foreign state to set aside an order of court granting leave to enforce an arbitral award starts to run two months after the date it is served the order of court: CNX v CNY [2022] SGHC 53.

The High Court’s decision on this issue is also unlikely to be changed by the promulgation of the new Rules of Court 2021 (“ROC 2021”), which came into effect on 1 April 2022, as Order 48 rule 6(5) of the ROC 2021 is in pari materia with Order 69A rule 6(4) of the Rules of Court previously in force, which was the regime applicable in the case.

This update takes a look at the High Court’s decision.

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