- Singapore—arbitration award upheld after arbitrator fails to deal with part of claim (CEB v CEC)
- What are the practical implications of this judgment?
- What was the background?
- What did the court decide?
- Why is this case of interest to international arbitration practitioners globally?
- Case details
Arbitration analysis: An arbitrator in an ad hoc Singapore-seated arbitration awarded substantial amounts both to the claimant (CEB) and to the respondents (CEC and CEE) by way of counterclaim. CEB’s main claims were for non-payment for goods and it also made smaller claims for consequential loss, but the arbitrator made no finding on those smaller claims in the award. CEB challenged the award on the basis that the arbitrator’s decision on the main claims was manifestly unjust, and on the basis that his failure to address the consequential loss claims breached the rules of natural justice. The Singapore International Commercial Court (SICC) dismissed both arguments, upholding the parties’ choice of arbitration and noting that CEB had had an opportunity to apply to the tribunal for an additional award in respect of the consequential loss claims but had failed to take this. Written by Ben Giaretta, partner, at Mishcon de Reya LLP.
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