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 A Conditional Stay Of Court Proceedings In Favour Of Arbitration Granted In Exercise Of Case Management Powers By The Court Can Be Mandatorily Lifted When Such Conditions Are Met

In Gulf Hibiscus Ltd v Rex International Holding Ltd and another [2019] SGHC 15, the High Court of Singapore dealt with the issue of whether the court should exercise its discretion to lift the conditional stay in favour of arbitration granted earlier if the conditions of the stay were met. The Court lifted the stay…

Comparison of Arbitration regime in India, Singapore and England and Wales – Part 2

Image Courtesy: iEduNote In continuation of Part 1 of this series (Comparison of Arbitration Regime in India, Singapore and England and Wales – Part 1), I would be covering the role of Court in selection of Arbitrators, disclosure of conflicts by arbitrators and role of court in when appointment is challenged,  ethical duties of arbitrators, evidentiary assistance…

The ‘Twilight issues’ series: Possible way outs for the arbitral tribunal in addressing the issues of Privilege and Availability of interim relief

Image Courtesy: Forbes In pursuance with forthcoming event of the Singapore International Arbitration Centre (SIAC) on “Twilight Issues” In International Arbitration Maxwell Chambers, Singapore scheduled on 18th May, 2018, I would like to shed some light on some of these issues by way of this blog. In the above SIAC’s post, Twilight issues are defined…