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Results: 4 Answers
International Arbitration
14.
Grounds for challenging an award
14.1
What are the grounds on which an award can be challenged, appealed or otherwise set aside in your jurisdiction?
 
Singapore
An award (whether made in a domestic or international arbitration seated in Singapore) may be set aside on the following grounds set out in Section 48 of the AA or Article 34(2) of the Model Law:

  • A party to the arbitration agreement was under some incapacity; or the said agreement was not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of Singapore.
  • The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings, or was otherwise unable to present its case.
  • The award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration, provided that if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside.
  • The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement is in conflict with a non-derogable provision of the Model Law, the AA or the IAA or, failing such agreement, was not in accordance with the Model Law, the AA or the IAA (as the case may be).
  • The subject matter of the dispute is not capable of settlement by arbitration under the law of Singapore.
  • The award conflicts with the public policy of Singapore.

In addition, Section 48 of the AA and Section 24 of the IAA provide the following grounds on which an award may be set aside:

  • The making of the award was induced or affected by fraud or corruption; or
  • A breach of the rules of natural justice occurred in connection with the making of the award by which the rights of any party have been prejudiced.

Specifically, under Section 49 of the AA, a party may appeal an award on a question of law arising out of the award. A question or law does not mean an error of law; a question of law is rather a point of law in controversy which must be resolved after opposing views and arguments have been considered. If the point of law is settled and not something novel, and it is contended that the arbitrator made an error in the application of the law, there lies no appeal against that error, for there is no question of law which calls for an opinion of the court (Prestige Marine Services Pte Ltd v Marubeni International Petroleum (S) Pte Ltd [2012] 1 SLR 917). There is no equivalent provision in the IAA.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

For more information about this answer please contact: Alvin Yeo from WongPartnership LLP
14.2
Are there are any time limits and/or other requirements to bring a challenge?
 
Singapore
An application to set aside an award (whether made in a domestic or international arbitration) must be made within three months of the date on which the party making the application had received the award, or if a request has been made for the correction or interpretation of an award or for the arbitral tribunal to make an additional award, three months from the date on which the request is disposed of by the arbitral tribunal (Section 48(2) of the AA; Article 34(3) of the Model Law). An application to appeal an award made in a domestic arbitration on a point of law under Section 49 of the AA must be made within 28 days of the date of the award Section 50(3), AA.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

For more information about this answer please contact: Alvin Yeo from WongPartnership LLP
14.3
Are parties permitted to exclude any rights of challenge or appeal?
 
Singapore
Yes, this is permitted, provided that the parties’ intention to do so is clear and unequivocal.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

For more information about this answer please contact: Alvin Yeo from WongPartnership LLP