CKH v CKG [2022] SGCA(I) 4 (8 April 2022)

CKH v CKG [2022] SGCA(I) 4 (8 April 2022)

The tribunal's failure to consider and adjudicate upon the Principal Debt and interest, which were within the scope of the arbitration as evidenced by the parties' conduct, expert reports, and agreed issues, constituted a breach of natural justice. The High Court judge was correct to suspend the setting aside proceedings and remit the matter to the tribunal for correction.

Citation
[2022] SGCA(I) 4
Parties
Appellant/defendant: CKH; Respondent/plaintiff: CKG
Jurisdiction
Singapore
Judgment Date
08 April 2022
Procedural Posture
Civil Appeal and Summons / Appeal From High Court Decision on Setting Aside/suspension of Arbitral Award
Outcome
Appeal dismissed; High Court's order for suspension and remission of award affirmed with minor variation.
Legal Topics
Setting Aside Arbitral Awards, Remission of Awards, Natural Justice in Arbitration, Scope of Arbitral Submission, Set Off and Counterclaim in Arbitration
Arbitration Commercial Law Setting Aside Arbitral Awards Remission of Awards Natural Justice in Arbitration Scope of Arbitral Submission Set Off and Counterclaim in Arbitration

Case Brief

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Parties

CKH

Appellant/defendant

CKG

Respondent/plaintiff

Procedural Posture

Civil Appeal and Summons / Appeal From High Court Decision on Setting Aside/suspension of Arbitral Award

Legal Issues

  1. 1 Whether the arbitral tribunal failed to address an issue submitted for adjudication (the Principal Debt and interest)
  2. 2 Whether such failure constituted a breach of natural justice justifying setting aside or remission of the award
  3. 3 Whether the Principal Debt and interest were within the scope of the arbitration if clause 4 did not apply

Ratio Decidendi

The tribunal's failure to consider and adjudicate upon the Principal Debt and interest, which were within the scope of the arbitration as evidenced by the parties' conduct, expert reports, and agreed issues, constituted a breach of natural justice. The High Court judge was correct to suspend the setting aside proceedings and remit the matter to the tribunal for correction.

Court Disposition

Appeal dismissed; High Court's order for suspension and remission of award affirmed with minor variation.

Orders

  • Suspension of setting aside proceedings to enable the tribunal to consider and take into account CKG's claim to the Principal Debt and interest.
  • Order for CKH to pay CKG $50,000 for costs of the appeal, inclusive of disbursements, in addition to costs ordered at first instance.