Setting aside an international arbitration award based on deficient pleadings revisited

• Main Author: CHAN, Darius
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2012
• Subjects: Asian Studies; Dispute Resolution and Arbitration
• Online Access: https://ink.library.smu.edu.sg/sol_research/3065
• Institution: Singapore Management University

In November 2011, the Singapore High Court set aside three related international arbitration awards on the basis that the tribunal had gone beyond the scope of matters submitted to it by making a decision based on an issue not formally pleaded.1 The High Court decision has now been reversed. In reversing the setting aside of the awards the Singapore Court of Appeal considered the role of pleadings in international arbitration. The appeal essentially turned on two issues: (i) whether the issue that was allegedly not pleaded was within the scope of the parties’ submission to arbitration; and (ii) whether any prejudice had occurred.