Singapore Court of Appeal Partially Sets Aside Arbitral Awards and Provides Key Observations on Important Costs and Consequential Issues

21 Sep 2021 CaseWatch

In judgments released in appeals arising from an application to set aside two International Chamber of Commerce arbitral awards (“Setting-Aside Application”), the Singapore Court of Appeal decided that:

(a) An arbitral tribunal’s ruling on the substance of a claim in the face of an unresolved jurisdictional challenge against that claim provided grounds for setting-aside under the International Arbitration Act and UNCITRAL Model Law on International Commercial Arbitration;

(b) An arbitral tribunal’s award on costs, which was premised upon the validity of a prior merits ruling which had been set aside, should consequentially also be set aside; and

(c) The costs guidelines in Appendix G to the Supreme Court Practice Directions will continue to guide the assessment of pre-transfer costs in cases transferred from the General Division of the High Court to the Singapore International Commercial Court.

The first two holdings were made in CBX and Anor v CBZ and Ors [2021] SGCA(I) 3 (the Court of Appeal’s judgment concerning the substantive merits of the Setting-Aside Application), and the third in CBX and Anor v CBZ and Ors [2021] SGCA(I) 4 (the Court of Appeal’s judgment concerning the SICC’s assessment of costs in the Setting-Aside Application).

Our Partners Wendy Lin and Monica WY Chong acted for the successful appellants before the Court of Appeal.

If you would like information or assistance on the above or any other area of law, you may wish to contact the Partner at WongPartnership whom you normally work with or any of the following Partners:

Wendy LIN
Partner – Commercial & Corporate Disputes
d +65 6416 8181
Click here to see Wendy’s CV.

Monica CHONG Wan Yee
Partner – Commercial & Corporate Disputes
d +65 6517 3748
Click here to see Monica’s CV.