Jurisdiction(s):
United Kingdom

Singapore Court of Appeal declines to set aside awards; later SHIAC clause cannot oust ICC arbitration already afoot without clear words; fiduciary breach vitiated extension; fabricated jurisdictional objection rejected

Published on: 11 June 2024

Published by a LexisNexis Arbitration expert

Legal News

Article summary

Between CNA...Appellant And (1) CNB (2) CNC [2024] SGCA(I) 2

What are the practical implications of this case?

This decision reaffirms the norm of restrained judicial interference in the running of arbitral proceedings. The principle of minimal curial intervention remains the touchstone in the conduct of arbitration in practice. Annulment of an award is a drastic step and will occur only where there are proper and cogent grounds. The court will examine the parties’ behaviour when assessing whether such grounds exist to justify setting aside an award. Here, in declining to set aside the awards, the Court of Appeal found that the obstinate parties had sought to engineer a jurisdictional challenge by executing a separate contract intended to override the initial arbitration agreement. The phrasing of a dispute resolution provision is likewise significant when deciding if it can touch proceedings already commenced before the parties concluded the subsequent contract. To disturb an arbitration already underway, the fresh dispute resolution clause must state in clear and unequivocal terms that it displaces the jurisdictional basis of the original arbitration agreement...

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