Singapore Court of Appeal affirms strict adherence to defined scope of remission of arbitral awards in cases where set aside applications have been suspended (CKH v CKG)

Article summary

Arbitration analysis: This case addresses the issue of the scope of a tribunal’s power to consider matters falling outside the scope of an order for limited remission made under Article 34(4) of the Model Law. Art 34(4) empowers a court hearing a setting aside application to suspend the proceedings to give the ‘arbitral tribunal an opportunity to resume the arbitral proceedings or take such other action as in the arbitral tribunal’s opinion will eliminate the grounds for setting aside’. The Court of Appeal held that the scope of remission is specifically defined by the terms of the court order ordering remission. Accordingly, there was no basis for a party or the tribunal to seek to re-open or expand the subject matter of the award or arbitration beyond the scope of remission. The tribunal’s original award renders it functus officio save to the extent of the...