Singapore High Court: Anti-Suit Injunction Against Foreign Court Proceedings Initiated As A ‘Protective Net’ To Cure Possible Defects In Commencement Of Arbitration

When parties agree to arbitration, they agree to pursue their disputes in arbitration, and not in court.[1] But can a party (defendant) legitimately trigger and maintain simultaneous court proceedings (‘Court Proceedings’) going against an express arbitration agreement as a fallback mechanism (‘Protective Safety Net’) to be on a safer side against any possible defects in…

Singapore International Commercial Court: Whether A Bad Commercial Deal Resulting Into A Financially Disproportionate Award Can “Shock The Conscience” Of The Court To Set Aside Such An Award?

Consider a situation wherein a party, A entered into 4 Contracts (‘Transaction 1’) with party B for the supply of certain commodity. The payment from B to A for Transaction 1 is not received and yet A entered into another set of 6 contracts (‘Transaction 2’) with B for supply of commodity knowing well that…

Singapore Court of Appeal: “Awarding Interest On Or Upon Damages” vs “Interest As Damages” and Whether Time Barred Claim is a jurisdictional or admissibility Issue?

An arbitral tribunal exceeds its jurisdiction if it decides on issues that are beyond the scope of the arbitration clause, upon a proper construction of the clause.[1]  The question then arises as to whether an award in which the tribunal has awarded damages and/or pre-award interest even though there was an express prohibition on “punitive,…

Singapore High Court: Whether The Three-Month Time Limit In Art 34(3) MAL Is Appliable To S. 24 IAA As Well For Award Induced By Fraud Or Corruption?

Whether time limit under Art 34(3) of Model Law is absolute or extendable in exceptional circumstances? Whether the three-month time limit in Art 34(3) is incorporated into Section 24 IAA by the phrase “[n]otwithstanding Article 34(1)” for award induced by fraud or corruption? Section 24(a) of the International Arbitration Act (Cap. 143A) (‘IAA’) inter alia…