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 β€œ[n]otwithstanding Article 34(1)” for award induced by fraud or corruption? Section 24(a) of the International Arbitration Act (Cap. 143A) (β€˜IAA’) inter alia…

Singapore High Court: Active and Passive remedies for setting aside a preliminary award on jurisdiction based on Art. 16(3) & Art. 34(2)(a)(iii) of MAL and Section 10(3) of IAA

In Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services (Private) Limited [2018] SGHC 78, the Plaintiff filed an application to set aside an award pursuant to Art 34(2)(a)(iii) of the Model Law (MAL) rendered by the arbitral tribunal. It is important to mention that these proceedings were neither enforcement proceedings brought by Award creditor…