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?

<p>All awards are considered final and cannot be retried. (A)</p> Signup and view all the answers

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

<p>Set aside the award or resist enforcement (C)</p> Signup and view all the answers

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

<p>Notice must be given to the other party. (D)</p> Signup and view all the answers

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

<p>The party retains the right to resist enforcement. (B)</p> Signup and view all the answers

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

<p>Revise the award (D)</p> Signup and view all the answers

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

<p>A party must request an additional award within 30 days of receiving the award. (D)</p> 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?

<p>The award has been set aside or suspended. (C)</p> 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?

<p>France (B)</p> Signup and view all the answers

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

<p>Awards set aside are deemed as having no validity. (D)</p> 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?

<p>The award would shock the conscience of reasonable members of the public. (D)</p> Signup and view all the answers

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

<p>It must be clearly injurious to public good. (A)</p> Signup and view all the answers

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

<p>The arbitrator not exercising their own judgment in accepting or rejecting advice (D)</p> Signup and view all the answers

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

<p>Injunctions (B)</p> Signup and view all the answers

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

<p>It possesses finality and cannot be revisited by the tribunal (C)</p> Signup and view all the answers

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

<p>Each party must compensate the tribunal's costs (A)</p> Signup and view all the answers

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

<p>Its enforceability under the New York Convention (A)</p> Signup and view all the answers

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

<p>The arbitrator can delegate their decision-making to another party. (A)</p> Signup and view all the answers

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

<p>It permits narrow exceptions for revision after issuance. (B)</p> 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?

<p>Errors of law or fact are not subject to court review. (C)</p> Signup and view all the answers

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

<p>If the challenging party demonstrates a violation of natural justice. (B)</p> Signup and view all the answers

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

<p>A high threshold needing substantial proof. (B)</p> Signup and view all the answers

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

<p>Judges should avoid any personal biases during hearings. (D)</p> Signup and view all the answers

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

<p>Breach of confidentiality during arbitration. (D)</p> Signup and view all the answers

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

<p>The standard of review is de novo. (B)</p> Signup and view all the answers

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

<p>Meaningful breaches of natural justice causing prejudice are the only ones remedied. (B)</p> Signup and view all the answers

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

<p>This is permissible under the specific provisions outlined. (A)</p> Signup and view all the answers

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

<p>No one should be a judge in their own case. (B)</p> Signup and view all the answers

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

<p>It serves to protect parties from unjust processes. (D)</p> Signup and view all the answers

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

<p>To facilitate the recognition and enforcement of foreign arbitral awards. (C)</p> Signup and view all the answers

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

<p>Commercial reservation. (C)</p> Signup and view all the answers

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

<p>A certified copy of the award and the original arbitration agreement. (C)</p> Signup and view all the answers

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

<p>To recognize arbitral awards as binding and enforce them. (D)</p> Signup and view all the answers

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

<p>It restricts the application to awards made in the territory of other contracting states. (D)</p> Signup and view all the answers

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

<p>An <em>ex parte</em> application must be filed by the award creditor. (C)</p> Signup and view all the answers

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

<p>Foreign awards. (A)</p> Signup and view all the answers

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

<p>A certified translation in English. (D)</p> Signup and view all the answers

Which of the following statements about the NYC is FALSE?

<p>It applies to domestic awards without restrictions. (A)</p> Signup and view all the answers

Flashcards

Arbitrator's Delegation

The arbitrator cannot delegate their decision-making powers. The arbitrator must use their own judgment, not rely on others' opinions or advice excessively.

Award Remedies

Arbitral tribunals can order remedies like damages, specific performance, declaratory orders, rectification, indemnity, and costs in disputes.

Costs Award Options

Costs in arbitration awards can be allocated to the losing party (generally), proportionally among parties, or each party bears their own costs.

Award Definition (IAA)

An 'award' under the IAA is a final decision by an arbitral tribunal, which, barring exceptions, cannot be revisited or revised.

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Setting Aside an Award (Public Policy)

An award can be challenged if its costs are so disproportionate that they violate public policy.

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Enforceability of Awards

Only 'awards' under the International Arbitration Act (IAA) can be enforced under the New York Convention.

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Arbitral Tribunal's Power

An arbitral tribunal has the power to decide disputes and award remedies available in a similar court case.

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Additional Award

A request to the arbitral tribunal to add claims omitted from the original award, submitted within 30 days of receiving the award.

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Interpretation of Award

Clarification of the meaning of an award, requested within 30 days of its receipt.

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Final and Binding Award

An award considered finalized and legally enforceable/non-appealable after being issued.

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Setting Aside an Award

Challenging an award at its place of origin to have it declared invalid or null.

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Resisting Enforcement

Opposing an award's legal recognition and execution in a place other than where the award originated.

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Cumulative Remedies

Setting aside and resisting enforcement are separate but can be used together to oppose an award legally.

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Award Time Limits

Specified time periods (30, 60 days) for requesting interpretations/additional awards to an arbitration tribunal.

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Finality of Arbitral Decisions

Arbitral rulings on points of law or fact have final, conclusive authority among parties.

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Extension of Time

Arbitral tribunals may extend timelines for making corrections, interpretations, or additional awards as needed.

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Award Set Aside Enforcement

An award may be refused enforcement if it has been set aside or suspended by a court at the seat of arbitration.

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Enforcing Set Aside Awards (International)

Even if an award is set aside at the seat of arbitration, it may still be enforced in other countries, like in France or the US.

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Singapore's Approach to Set Aside Awards

Singapore courts are unlikely to enforce foreign awards that have been set aside at the seat of arbitration because they regard a set aside award as effectively void.

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Public Policy in Award Refusal

A court can refuse to enforce an award if it violates public policy in the state where enforcement is sought.

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Public Policy - Narrow Scope

In Singapore, public policy is narrowly defined to only cover awards that are shockingly unfair, harmful to the public good, or violate basic morality and justice.

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NYC Applicability

The New York Convention (NYC) applies to foreign and non-domestic awards for recognition and enforcement.

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Reciprocity Reservation (NYC)

A country can choose to apply the NYC only to awards made in another contracting state.

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Commercial Reservation (NYC)

A country can limit NYC application to commercial disputes only, based on its laws.

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Enforcement Obligation (NYC)

NYC signatory countries are required to recognize and enforce arbitral awards.

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Foreign Award (Singapore)

An award made from outside Singapore, under arbitration.

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Enforcement Procedure (Step 1)

An ex parte application is filed by the award creditor to start an enforcement process.

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Enforcement Documents

To enforce an award, you need the award, arbitration agreement, and translations.

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NYC Article I(1)

Part of the New York Convention; defines applicability to foreign awards.

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NYC Article III

The article stating recognition/enforcement obligations.

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Enforcement in Singapore

Foreign awards are considered binding and enforceable in Singapore.

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Enforcement of Foreign Award

A court hearing an application to enforce a foreign arbitral award cannot review the case on its merits. The award's errors of law or fact are considered final and binding.

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Grounds for Refusal

A court can only refuse to enforce a foreign award if specific grounds are met, such as violation of due process, lack of capacity, or if the award was obtained by fraud.

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De Novo Review

When a court reviews a foreign award, they conduct a 'de novo' review, meaning they examine the case afresh, not just looking at the original tribunal's findings.

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Natural Justice

A key legal principle ensuring fairness in legal proceedings. It involves two basic maxims: 'no one should be a judge in their own case' and 'both sides should have a fair chance to be heard'.

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Breach of Natural Justice

An arbitral award can be challenged if it's proven there was a significant violation of natural justice rules, like denying a party the right to present their case properly.

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Due Process Denial

A high threshold needs to be met to prove a denial of due process. This means the challenging party must show a significant impediment to their ability to present their case effectively.

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Elements of Natural Justice Breach

To challenge an award for breach of natural justice, you need to show: (a) a breach of the rules of natural justice; (b) the breach was significant; (c) it affected the outcome; and (d) the party wasn't responsible for the breach.

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Microscopic Scrutiny

Courts should not scrutinize arbitral awards with extreme detail but should focus on meaningful breaches of natural justice that have had a real impact on the outcome.

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Meaningful Breach

To overturn an award for breach of natural justice, the breach must be significant and have actually caused prejudice to the challenging party.

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Court's Role in Enforcement

The court's role in enforcing foreign awards is to ensure that the grounds for refusal are met, not to retry the case on its merits.

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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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ARB Study Notes - Arbitration

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.

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