Is your arbitral award liable to be set aside for being made in excess of jurisdiction?

In today’s legal landscape, disputes are no longer resolved only in the courts. Arbitration as a dispute resolution mechanism is commonplace in international transactions, given the procedural flexibility and confidentiality it offers, and especially the ability to enforce arbitral awards internationally under the New York Convention.

To promote the use of arbitration between parties, and to encourage finality in the arbitral process, the Singapore courts have consistently maintained an approach of minimal intervention towards arbitral awards. Parties to an arbitration are deemed to have accepted the attendant risks or have an underlying desire of having very limited right of recourse to the courts.

Against this backdrop, the Singapore courts may set aside an arbitral award on limited grounds prescribed by the International Arbitration Act 1994 (2020 Rev Ed) (the “IAA”) and the Arbitration Act 2001 (2020 Rev Ed) (the “AA”).

The setting aside of an arbitral award should not be confused with an appeal to the Singapore courts. The setting aside of an arbitral award involves the challenging of an arbitral award on specific jurisdictional, procedural, and/or public policy grounds – it is not an appeal to the Singapore courts to review the merits of the arbitral tribunal’s decision contained in the arbitral award.

In this article, we will focus on the setting aside of an arbitral award.Please continue to read here