Singapore High Court: Whether Non-Disclosure or Suppression of Material Evidence Warrants The Setting Aside of An Arbitral Award On Grounds of Fraud or Public Policy

In BVU v BVX [2019] SGHC 69, the Singapore High Court dealt with the issue of whether, after the conclusion of arbitration and the issuance of the final award, the successful party’s decision not to call certain witnesses to give evidence and disclose certain internal documents, which it did not view as being relevant to…

English Commercial High Court (QB): Whether a claim can be dismissed for “inordinate delay” if the parties have contracted for a shorter limitation period than what is applicable under the Limitation Act 1980

  In the case of Dera Commercial Estate v. Derya Inc. [2018] EWHC 1673 (Comm), the English Commercial High Court dealt with several issues regarding time limitation provided under Section 5 of the English Limitation Act 1980 and its application for assessing “inordinate delay” under Section 41(3) of the English Arbitration Act where the parties…

English Commercial High Court (QB): Court’s intervention in challenge against the award on the ground of serious irregularity and substantial injustice

In Grindrod Shipping Pte Ltd. v Hyundai Merchant Marine Co. Ltd., [2018] EWHC 1284 (Comm), an application was made under Section 68 of the English Arbitration Act (the Act) to challenge the Award of a London Maritime Arbitration Association (LMAA) tribunal. In that award, the tribunal exercised its power under Section 41(3) of the Act…

English Commercial High Court (QB): Criteria to appeal for errors of law committed by the Tribunal; Correct approach to the reading of awards; Reliance v Union of India

In the case of Reliance Industries Limited & BG Exploration And Production India Limited v. The Union of India [2018] EWHC 822 (Comm), the English High Court was approached under Section 67 (Challenging the award: substantive jurisdiction), 68 (Challenging the award: serious irregularity), & 69 (Appeal on point of law) of the English Arbitration Act,…

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…

UK Commercial High Court: refuses to set aside a US$820 million LCIA award challenged on the ground of serious irregularity in conducting the arbitration unfairly and causing substantial injustice to a party

Factual Matrix The dispute emerged in 2013, when SCM (a Cypriot company which is a wholly-owned subsidiary of Joint Stock Company System Capital Management, a Ukrainian corporation) consented to buy 100% shares in Ukrtelecom ( which is one of the largest fixed line telephone operators in Ukraine and was owned by the State Property Fund of…