ARB 3 - Arbitration Awards and Remedies

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Questions and Answers

What is the maximum time frame for a tribunal to make an additional award after a party requests it?

90 days

120 days

60 days (correct)

30 days

Which of the following statements about the finality of awards is true?

A party may always appeal against an award in any court.

Partial awards can be revised in subsequent awards.

Errors of law or fact in an arbitral decision cannot be appealed. (correct)

Awards can be amended at any time by the tribunal.

Under which circumstances can the arbitral tribunal extend the time for making corrections or additional awards?

If substantial evidence is lacking

If both parties agree

If deemed necessary by the tribunal (correct)

If one party requests an extension without justification

What does res judicata mean in the context of arbitral awards?

All awards are considered final and cannot be retried. Signup and view all the answers

What are the two main cumulative options regarding an arbitral award under Singapore law?

Set aside the award or resist enforcement Signup and view all the answers

What is the role of notice in requesting an additional award?

Notice must be given to the other party. Signup and view all the answers

What is the effect of a party choosing to apply to set aside an award?

The party retains the right to resist enforcement. Signup and view all the answers

Which of the following is NOT an option available to the tribunal after an award has been made?

Revise the award Signup and view all the answers

What is the correct procedure if a claim presented in arbitration is omitted in the award?

A party must request an additional award within 30 days of receiving the award. Signup and view all the answers

What condition must be met for a court to refuse enforcement of an arbitral award based on its status at the seat of arbitration?

The award has been set aside or suspended. Signup and view all the answers

In which of the following countries has an arbitral award been enforced despite being set aside at the seat of arbitration?

France Signup and view all the answers

What does the Singaporean courts' stance on enforcing foreign awards set aside at the seat imply?

Awards set aside are deemed as having no validity. Signup and view all the answers

According to the content, what is a condition under which enforcement of an award may be refused based on public policy?

The award would shock the conscience of reasonable members of the public. Signup and view all the answers

What threshold has Singapore defined for the scope of public policy regarding arbitral awards?

It must be clearly injurious to public good. Signup and view all the answers

What can render an arbitral award challengeable due to improper delegation?

The arbitrator not exercising their own judgment in accepting or rejecting advice Signup and view all the answers

Which of the following is NOT a typical remedy that can be awarded by the tribunal?

Injunctions Signup and view all the answers

What is a key characteristic of an award under the IAA?

It possesses finality and cannot be revisited by the tribunal Signup and view all the answers

In the context of costs awarded by the tribunal, which option is NOT typically mentioned?

Each party must compensate the tribunal's costs Signup and view all the answers

Which of the following legal consequences is specifically linked to whether a decision is classified as an 'award'?

Its enforceability under the New York Convention Signup and view all the answers

Which statement reflects a misunderstanding about the arbitrator's duty regarding decision-making?

The arbitrator can delegate their decision-making to another party. Signup and view all the answers

In relation to setting aside proceedings, what is a notable aspect of what qualifies as an 'award'?

It permits narrow exceptions for revision after issuance. Signup and view all the answers

Which statement correctly reflects the court's powers regarding the review of an application for enforcement of a foreign award?

Errors of law or fact are not subject to court review. Signup and view all the answers

Under what circumstances can a court refuse to enforce an arbitral award according to the content provided?

If the challenging party demonstrates a violation of natural justice. Signup and view all the answers

What is the threshold for proving a denial of due process in the context of enforcement hearings?

A high threshold needing substantial proof. Signup and view all the answers

What do the maxims of natural justice imply regarding the role of the judge?

Judges should avoid any personal biases during hearings. Signup and view all the answers

Which of the following is NOT a ground for refusing recognition and enforcement of an arbitral award?

Breach of confidentiality during arbitration. Signup and view all the answers

What standard of review applies when examining grounds for challenging the enforcement of an award?

The standard of review is de novo. Signup and view all the answers

In the case of Soh Beng Tee v Fairmount, what principle regarding scrutiny of arbitral awards was established?

Meaningful breaches of natural justice causing prejudice are the only ones remedied. Signup and view all the answers

What happens if a court raises grounds for refusal of enforcement on its own initiative?

This is permissible under the specific provisions outlined. Signup and view all the answers

What is the implication of the term 'nemo iudex in causa sua' in relation to natural justice?

No one should be a judge in their own case. Signup and view all the answers

What role does the concept of 'natural justice' play in the context of arbitration?

It serves to protect parties from unjust processes. Signup and view all the answers

What is the main purpose of the New York Convention (NYC)?

To facilitate the recognition and enforcement of foreign arbitral awards. Signup and view all the answers

Which reservation allows a contracting state to limit the application of the NYC?

Commercial reservation. Signup and view all the answers

What is required for a party to enforce a foreign arbitral award in Singapore?

A certified copy of the award and the original arbitration agreement. Signup and view all the answers

What is the obligation of a state party under Article III of the NYC?

To recognize arbitral awards as binding and enforce them. Signup and view all the answers

How does a reciprocity reservation affect the application of the NYC?

It restricts the application to awards made in the territory of other contracting states. Signup and view all the answers

In the enforcement process of arbitral awards, what is the first step?

An ex parte application must be filed by the award creditor. Signup and view all the answers

What term is used to refer to awards made pursuant to arbitration agreements seated outside a given state?

Foreign awards. Signup and view all the answers

What must be provided if the original award is in a foreign language?

A certified translation in English. Signup and view all the answers

Which of the following statements about the NYC is FALSE?

It applies to domestic awards without restrictions. Signup and view all the answers

Study Notes

Award

An arbitrator's decision in arbitration is not delegable.
The test for excessive delegation is whether the arbitrator used their own judgment.
Improper delegation can make an award challengeable.

Remedies

Typical remedies include damages, interest, specific performance, declaratory orders, rectification, and indemnity against liability.
Tribunals can award remedies that a court could have awarded in a civil case.
Tribunals can award simple or compound interest on sums.

Costs

Final awards usually include cost orders.
Costs can be borne by the losing party or allocated proportionally.
Each party can bear their own costs.

Definition of Award

"Award" decisions have significant legal consequences.
Only decisions that are "awards" can be challenged.
Awards must be final, typically not revisable except for narrow exceptions.

Types of Awards

Tribunals may issue different awards at separate times for different aspects of a dispute.
Awards can specify the whole claim or a portion.
Types include final, interim, and partial awards.

Correction and Interpretation of Awards

Parties can request corrections of errors in calculation or typographical errors, within 30 days.
Tribunals can correct errors on their own initiative within 30 days.
Parties can ask for interpretation of specific parts or points, within 30 days.

Setting Aside of Award

A valid award is final and binding on parties (except specific exceptions).
Errors of law or fact in a final judgment cannot be appealed.
Tribunals can't revise any previously delivered award.
Parties can proactively apply to courts for setting aside or resist enforcement in different jurisdictions.
There are two exceptions to finality: court applications for setting aside and resisting enforcement.

Enforcement of Awards

International arbitration awards seated in Singapore are enforceable in Singaporean courts.
The same grounds for resisting enforcement apply to domestic and international awards.
Foreign awards can be enforced in Singapore.
Requirements for enforcement include an authenticated award and an agreement.
Enforcement procedures are ex-parte and inter-partes.

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Description

This quiz covers key concepts related to arbitration awards, including definitions, types, remedies, and cost allocations. Understanding these aspects is crucial for anyone studying arbitration law. Test your knowledge on the rules surrounding delegable decisions and remedies provided by tribunals.