BLB and another v BLC and others

BLB and another v BLC and others

The Tribunal omitted to decide a distinct head of counterclaim (the Receivables RM5,838,956), constituting infra petitia and a breach of the audi alteram partem principle which caused real prejudice; accordingly the part of the Award concerning Issue #16 as to the Receivables is set aside and that counterclaim is...

Source-derived case information.

Citation
[2013] SGHC 196
Parties
Plaintiff: BLB; Plaintiff: Another; Defendant: BLC; Defendant: Others
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
30 September 2013
Case Number
Originating Summons No 1006 of 2012
Procedural Posture
Originating Summons to Set Aside Arbitral Award / High Court Judgment
Outcome
Part of the arbitral award set aside and Disputed Counterclaim remitted to a newly constituted arbitral tribunal; plaintiffs awarded costs
Legal Topics
Setting Aside Arbitral Award, Natural Justice (audi Alteram Partem), Infra Petitia, Model Law Art 34, IAA S24, Remittal of Claims to Arbitrator
Source Language
english
Arbitration Commercial Law Contract Law Civil Procedure International Arbitration Setting Aside Arbitral Award Natural Justice (audi Alteram Partem) Infra Petitia +3 more

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Summary, issues, holding and outcome

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Parties

BLB

Plaintiff

Another

Plaintiff

BLC

Defendant

Others

Defendant

Procedural Posture

Originating Summons to Set Aside Arbitral Award / High Court Judgment

Legal Issues

  1. 1 Whether the tribunal failed to decide a discrete counterclaim (infra petitia)
  2. 2 Whether there was a breach of natural justice under s 24(b) of the IAA (audi alteram partem)
  3. 3 Whether the award dealt with matters beyond the scope of submission (Art 34(2)(a)(iii) Model Law)

Ratio Decidendi

The Tribunal omitted to decide a distinct head of counterclaim (the Receivables RM5,838,956), constituting infra petitia and a breach of the audi alteram partem principle which caused real prejudice; accordingly the part of the Award concerning Issue #16 as to the Receivables is set aside and that counterclaim is remitted to a newly constituted arbitral tribunal for determination; plaintiffs awarded costs.

Court Disposition

Part of the arbitral award set aside and Disputed Counterclaim remitted to a newly constituted arbitral tribunal; plaintiffs awarded costs

Orders

  • Set aside the part of the Award relating to Issue #16 concerning the Receivables (RM5,838,956)
  • Remit the Disputed Counterclaim for RM5,838,956 and costs thereof to a newly constituted arbitral tribunal for determination