Partner Konstantin Putrya reflects on the ‘signals’ that Singapore’s arbitration community has of late been receiving from the state courts.
For example, the Court of Appeal of Singapore recently set aside a Singapore International Arbitration Centre award in the high-profile case of Power Machines vs PetroVietnam. The formal ground for doing so was a breach of the parties’ right to a fair hearing.
“If the reputation of a foreign arbitration is undermined by the courts of another state, that is unfortunate, but to some extent, understandable. Whereas for domestic courts to discredit their own national arbitrations, institutions with significant standing on the international stage, is nothing short of nonsensical,” Konstantin noted.
At the same time, this approach serves as a firm yet fair reminder to arbitrators of the inviolable nature of procedural safeguards: they would be well advised to tread carefully and refrain from going beyond the arguments put forward by the parties, said a partner of NAVICUS.LAW.
You can read Konstantin’s full commentary via the following link: https://t.me/disputeresolutionclub/910.
