L W Infrastructure Pte Ltd v Lim Chin San Contractors Pte Ltd and another appeal

L W Infrastructure Pte Ltd v Lim Chin San Contractors Pte Ltd and another appeal

The Court held the High Court correctly refused to declare the Additional Award a nullity because the Act provides the exclusive statutory remedies (s47) and challenges fall to be dealt with under the Act (eg s48(1)(a)(v)); but the Additional Award was set aside under s48(1)(a)(vii) because the Arbitrator issued the...

Source-derived case information.

Citation
[2012] SGCA 57
Parties
Appellant in CA 17 of 2012; Respondent in CA 26 of 2012: L W Infrastructure Pte Ltd; Respondent in CA 17 of 2012; Appellant in CA 26 of 2012: Lim Chin San Contractors Pte Ltd
Court
Court of Appeal
Jurisdiction
Singapore
Judgment Date
18 October 2012
Case Number
Civil Appeals Nos 17 and 26 of 2012
Procedural Posture
Civil Appeals Nos 17 and 26 of 2012 (court of Appeal) / Appeal From High Court Judgment Concerning Arbitration Additional Award; Court of Appeal Judgment and Dismissal of Appeals
Outcome
Both appeals dismissed; Additional Award set aside under s48(1)(a)(vii) of the Arbitration Act
Legal Topics
Additional Award (s43(4)), Setting Aside Awards (s48), Natural Justice / Audi Alteram Partem, Functus Officio, Court Intervention Limits (s47)
Source Language
english
Arbitration Law Civil Procedure Judicial Review of Awards Contract Law Additional Award (s43(4)) Setting Aside Awards (s48) Natural Justice / Audi Alteram Partem Functus Officio +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

L W Infrastructure Pte Ltd

Appellant in CA 17 of 2012; Respondent in CA 26 of 2012

Lim Chin San Contractors Pte Ltd

Respondent in CA 17 of 2012; Appellant in CA 26 of 2012

Procedural Posture

Civil Appeals Nos 17 and 26 of 2012 (court of Appeal) / Appeal From High Court Judgment Concerning Arbitration Additional Award; Court of Appeal Judgment and Dismissal of Appeals

Legal Issues

  1. 1 Whether Additional Award was a nullity outside s43(4)
  2. 2 Whether Arbitrator breached rules of natural justice in making Additional Award
  3. 3 Whether Court retains inherent jurisdiction to declare awards nullities outside the Act

Ratio Decidendi

The Court held the High Court correctly refused to declare the Additional Award a nullity because the Act provides the exclusive statutory remedies (s47) and challenges fall to be dealt with under the Act (eg s48(1)(a)(v)); but the Additional Award was set aside under s48(1)(a)(vii) because the Arbitrator issued the Additional Award without giving the other party a reasonable opportunity to be heard on both the jurisdictional question (whether s43(4) applied) and the substantive question, and the Plaintiff demonstrated actual or real prejudice because it could have advanced arguable points (eg that the claim was omitted or that the Arbitrator had implicitly rejected it or that delay...

Court Disposition

Both appeals dismissed; Additional Award set aside under s48(1)(a)(vii) of the Arbitration Act

Orders

  • Set aside the Additional Award
  • Dismissed both appeals with costs and the usual consequential orders