Supreme Court of India: Conundrum of “Seat” & “Venue” Solved

In Bharat Aluminium Co. (BALCO) v. Kaiser Aluminium Technical Service, Inc. (2012) 9 SCC 552 (“BALCO”), the Five Judge Constitutional Bench of the Supreme Court of India, inter alia held that arbitrations are anchored to the seat/place/situs of arbitration. The seat of arbitration is thus intended to be its centre of gravity. This, however, does…

Singapore High Court: Whether High Court can decide the tribunal’s jurisdiction in a case where the tribunal has a positive jurisdictional finding in its final award

In the case of Sinolanka Hotels & Spa (Private) Limited v Interna Contract SpA [2018] SGHC 157, the Singapore High Court dealt with the issues related with interpretation of arbitration clauses contained in the pre-negotiating documents to ascertain the applicability of relevant arbitration clauses contained in two different documents. In its ruling, the High Court…

Singapore High Court: Whether or not to adjourn enforcement proceedings of a foreign award in Singapore pending the determination of an application filed in foreign Court to set aside the Award

In Man Diesel & Turbo SE v I.M. Skaugen Marine Services Pte Ltd [2018] SGHC 132, the I.M. Skaugen Marine Services Pte Ltd (defendant) challenged the enforcement of an award passed by Danish Institute of Arbitration (DIA) seated in Denmark under Section 31(2)(c) and s 31(4)(b) of the International Arbitration Act of Singapore (the IAA)…

Comparative Analysis of Challenging an Award on the ground of breach of Natural Justice in England and Wales, Singapore and India

England and Wales Arbitrator’s duty to act fairly is recognized in the English Arbitration Act, 1996 (the English Act). In this regard, reference can be made to Section 33 of the English Act which defines the applicable due process standards in arbitrations. Section 33(1)(a) mandates the arbitral tribunals to “act fairly and impartially” “giving each…