Tang Boon Jek Jeffrey v Tan Poh Leng Stanley: Arbitrator's Power to Revisit Award
In Tang Boon Jek Jeffrey v Tan Poh Leng Stanley, the Court of Appeal of Singapore heard an appeal regarding the power of an arbitrator to revisit and reverse a previous award under the International Arbitration Act and the UNCITRAL Model Law. The dispute arose from a joint venture corporation formed by Tang and Tan. The arbitrator initially dismissed Tang's counterclaim but later reversed this decision in a subsequent award. The Court of Appeal allowed the appeal, holding that the arbitrator was not functus officio until the final award, which includes the question of costs, is given.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding an arbitrator's power to revisit and reverse a previous award under the International Arbitration Act and UNCITRAL Model Law. Appeal allowed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tang Boon Jek Jeffrey | Appellant | Individual | Appeal Allowed | Won | Alvin Yeo Khirn Hai, Tan Kay Kheng |
| Tan Poh Leng Stanley | Respondent | Individual | Appeal Dismissed | Lost | Philip Jeyaretnam, Yip Wai Lin Jamie |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Judge of Appeal | Yes |
| L P Thean | Judge of Appeal | No |
| Yong Pung How | Chief Justice | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Alvin Yeo Khirn Hai | Wong Partnership |
| Tan Kay Kheng | Wong Partnership |
| Philip Jeyaretnam | Helen Yeo & Partners |
| Yip Wai Lin Jamie | Helen Yeo & Partners |
4. Facts
- In 1994, Tang and Tan formed a joint venture corporation called Dynasty Pacific Group (DPG).
- A Settlement Agreement dated 24 January 1998, was reached pursuant to mediation.
- The Settlement Agreement contained an arbitration clause.
- Disputes arose between the parties as to the obligations each party should fulfil under the Settlement Agreement.
- The disputes were referred to Mr Giam Chin Toon SC as arbitrator.
- On 10 January 2000 the Arbitrator made a reasoned award, dismissing Tangs counterclaim.
- On 6 March 2000, the Arbitrator rendered "Additional Award II" wherein he dealt with not only the counterclaim for A$1.3 but also the question of interest on the cash deposits and the question of costs.
5. Formal Citations
- Tang Boon Jek Jeffrey v Tan Poh Leng Stanley, CA 107/2000, [2001] SGCA 46
6. Timeline
| Date | Event |
|---|---|
| Tang and Tan formed a joint venture corporation called Dynasty Pacific Group. | |
| Settlement Agreement reached pursuant to mediation. | |
| Arbitrator made a reasoned award dismissing both the claim and counterclaim. | |
| Solicitors for Tang wrote to the Arbitrator, pointing out that an aspect of the counterclaim of Tang relating to cash deposits were left out by the Arbitrator. | |
| The Arbitrator issued an additional award wherein he acknowledged that he had omitted to address Tangs counterclaim relating to the seven cash deposits and duly made the award in respect thereof. | |
| Tangs solicitors wrote again to the Arbitrator raising two points. | |
| The Arbitrator acceded to the request of Tang for further arguments and heard the parties. | |
| The Arbitrator rendered "Additional Award II". | |
| Court of Appeal decision date. |
7. Legal Issues
- Power of Arbitrator to Revisit Award
- Outcome: The court held that the arbitrator was not functus officio until the final award, which includes the question of costs, is given, and was therefore entitled to reconsider his decision.
- Category: Substantive
- Functus Officio
- Outcome: The court determined when an arbitrator is considered functus officio under the International Arbitration Act and the UNCITRAL Model Law.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
- Setting Aside of Award
9. Cause of Actions
- Breach of Settlement Agreement
10. Practice Areas
- Arbitration
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lim Yam Teck v Lim Swee Cheng | High Court | Yes | [1979] 1 MLJ 162 | Malaysia | Cited as an example of a judge's power to reconsider a verdict before the judgment is entered. |
| Chung & Wong v CM Lee | High Court | Yes | [1934] 3 MLJ 153 | Singapore | Cited as a case that decided that an arbitrator is functus officio on a particular claim, once he has given his award. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| International Arbitration Act (Cap 143A) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Arbitration
- Arbitral Tribunal
- Functus Officio
- Final Award
- International Arbitration Act
- UNCITRAL Model Law
- Settlement Agreement
15.2 Keywords
- arbitration
- functus officio
- international arbitration
- UNCITRAL
- model law
- arbitrator
- award
16. Subjects
- Arbitration
- International Commercial Law
17. Areas of Law
- Arbitration Law
- International Arbitration Law