Arbitration Law Monthly
Challenging an award: jurisdiction and public policy
In Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services (Pte) Ltd [2019] SGCA 33 the Singapore Court of Appeal has upheld a challenge to an award, in circumstances where the tribunal asserted a jurisdiction that they did not have. The decision to a large extent turns upon the provisions of Singaporean arbitration legislation, but there are some interesting points on the effect of a settlement agreement on jurisdiction and also on the role of fraud and public policy in the validity of an award.
Avant Garde
: the facts