- Singapore High Court sets aside award decided on an unpleaded issue (Convexity v Phoenixfin)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Arbitration analysis: The Singapore High Court found that an arbitral tribunal had laboured under the misapprehension that parties had agreed to include an unpleaded issue into the scope of the submission, though the applicant had objected to the same on numerous occasions in correspondence. The unpleaded issue formed the central basis for the tribunal’s eventual decision to dismiss the applicant’s claims. In setting aside the arbitral award, the Singapore High Court agreed that the misapprehension by the tribunal and the tribunal’s failure to address the applicant’s concerns amounted to a breach of natural justice because it deprived the applicant an opportunity to keep the issue out of the arbitration. The court also found therefore that the award had dealt with issues outside the scope of submission, and the arbitral procedure agreed by the parties had been departed from. Written by Daniel Chia, partner at Morgan Lewis & Bockius LLP.
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