Tan Poh Leng Stanley v Tang Boon Jek Jeffrey: Arbitrator's Power to Reverse Final Award

In Tan Poh Leng Stanley v Tang Boon Jek Jeffrey, the Singapore High Court considered whether an arbitrator has the power to revisit and reverse a final award. The arbitrator initially dismissed the claimant's claim and the respondent's counterclaim in a January award. Subsequently, the arbitrator issued a March award reversing the decision on the respondent's counterclaim. The High Court, in a decision by G P Selvam J, set aside the March award, holding that the arbitrator was functus officio and lacked the authority to reverse the initial final award. The court ordered the respondent to pay the applicant's costs.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

March Award set aside; January Award to stand.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court addressed whether an arbitrator has the power to recall and reverse a final award. The court set aside the arbitrator's second additional award, reinforcing the principle of functus officio.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Tang Boon Jek JeffreyRespondentIndividualMotion dismissedLost
Tan Poh Leng StanleyApplicantIndividualMotion grantedWon

3. Judges

Judge NameTitleDelivered Judgment
G P SelvamJudgeYes

4. Counsels

Counsel NameOrganization
Tan Kay KhengWong Partnership
Alvin YeoWong Partnership
Emily YeowWong Partnership
Philip JeyaretnamHelen Yeo & Partners

4. Facts

  1. The arbitrator made a final award on 10 January 2000, dismissing both the claimants' claim and the respondents' counterclaim.
  2. On 17 January 2000, the arbitrator added a clarification award.
  3. On 31 January 2000, the arbitrator held a fresh hearing at the request of the respondent.
  4. On 6 March 2000, the arbitrator made another award, reversing the decision on the respondent's counterclaim.
  5. Stanley Tan filed a notice of motion on 29 April 2000 to set aside the March award.

5. Formal Citations

  1. Tan Poh Leng Stanley v Tang Boon Jek Jeffrey, OM 14/2000, [2000] SGHC 260

6. Timeline

DateEvent
Settlement agreement signed
Supplemental agreement evidenced by exchange of letters
Arbitrator made the January award
Arbitrator added the clarification award
Fresh hearing held at the request of Jeffrey Tang
Arbitrator made the March Award
Stanley Tan filed notice of OM 14/2000
Judgment issued

7. Legal Issues

  1. Power of Arbitrator to Recall and Reverse Final Award
    • Outcome: The court held that the arbitrator did not have the power to recall and reverse the final award after becoming functus officio.
    • Category: Substantive
    • Sub-Issues:
      • Functus officio
      • Termination of mandate
  2. Time Limit for Application to Set Aside Award
    • Outcome: The court held that the three-month time limit stipulated in art 34 of the Model Law applied, and the application to set aside was not filed out of time.
    • Category: Procedural

8. Remedies Sought

  1. Setting aside of arbitral award

9. Cause of Actions

  • Breach of contract

10. Practice Areas

  • Arbitration

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
The MontanN/AYes[1984] 1 Lloyd`s Rep 389N/ACited for the principle that the power to correct a clerical error must not be converted into a power to reconsider and reverse the substantive decision.
Fidelitas Shipping Co Ltd v V/O ExportchlebN/AYes[1966] 1 QB 630N/ACited as authority for the proposition that once the arbitrator has made a formal award on a specific matter he has no power to reconsider that award.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
International Arbitration Act (Cap 143A)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Arbitration
  • Arbitral tribunal
  • Arbitrator
  • Functus officio
  • Final award
  • International Arbitration Act
  • UNCITRAL Model Law
  • Jurisdiction
  • Mandate

15.2 Keywords

  • Arbitration
  • Arbitrator
  • Functus officio
  • International Arbitration Act
  • UNCITRAL Model Law
  • Singapore

17. Areas of Law

Area NameRelevance Score
Functus Officio98
Arbitration95
International Arbitration Act90
International Commercial Contracts60

16. Subjects

  • Arbitration
  • Civil Procedure