MALAYSIAN HIGH COURT CONSIDERS THE LEGALITY OF AN UNDERLYING CONTRACT WHICH WAS THE SUBJECT OF ARBITRATION

In Calibre M&E Sdn Bhd v PT Cooline HVAC Engineering (Originating Summons Nos. WA-24C(ARB)-47-09/2017 and WA-24C(ARB)-49-10/2017), the Malaysian High Court  considered an application to set aside an arbitral award on the basis that the recognition by the tribunal of the allegedly illegal underlying contract was in conflict with the public policy of Malaysia.  Section 37 … Read more

Singapore court refuses set aside on the basis that the successful party in the arbitration did not call witnesses to give evidence and disclose certain documents

In BVU v BVX [2019] SGHC 69 the High Court of Singapore refused to set-aside an arbitral award on the basis that BVX, the successful party in the arbitration, did not call certain witnesses to give evidence and disclose certain internal documents.  BVU’s attempt to secure these documents by way of subpoena in the context … Read more

Procedural fairness as a ground for setting aside awards: what’s fair is fair

In its recent decision in Triulzi Cesare SRL v Xinyi Group (Glass) Co Ltd [2014] SGHC 220, the Singapore High Court considered the grounds on which an arbitral award may be set aside for procedural unfairness and, in doing so, reaffirmed that the Singapore courts will be reluctant to interfere with a Tribunal’s case management … Read more

Singapore High Court decides interim awards are enforceable

In the case of PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation (Indonesia) [2014] SGHC 146, the Singapore High Court considered the enforceability of interim awards under the Singapore International Arbitration Act (the IAA).  This judgment provides a useful analysis of what constitutes an enforceable award in Singapore and helpfully clarifies that an … Read more

BLC and Ors v. BLB and Anor [2014] SGCA 40 – the Singapore Court of Appeal sets out its approach to setting aside applications premised on allegations of awards made infra petita

In the recent decision in BLC and ors v. BLB and anor [2014] SGCA 40 (“the BLC decision”), the Singapore Court of Appeal reversed the decision of the High Court to set aside part of an arbitration award (“Award”) on the ground of a breach of natural justice. The court also provided valuable guidance on … Read more

Astro v Lippo: the next chapter – Singapore Court of Appeal rejects enforcement of awards against non-signatories to the arbitration agreement

The long-running dispute between Astro, a Malaysian media giant, and Lippo, an Indonesian conglomerate, has reached the end of the latest heavily contested battle by Lippo against the enforcement of arbitral awards given in Astro’s favor. In PT First Media TBK v Astro Nusantara International BV & others [2013] SGCA 57, the Singapore Court of … Read more