CGS v CGT: Setting Aside Arbitration Award - Party Representation & Tribunal's Duty
In CGS v CGT, the High Court of Singapore addressed an application by CGS to set aside an arbitration award. CGS argued that the arbitral procedure was not in accordance with the parties' agreement, that it was unable to present its case, and that there was a breach of the rules of natural justice. The court, presided over by Andre Maniam JC, dismissed the application, finding no breach of agreed procedure or natural justice, and no prejudice to CGS. The court upheld the tribunal's procedural decisions and its handling of CGS's claims.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Claimant's setting-aside application dismissed.
1.3 Case Type
Arbitration
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court dismisses CGS's application to set aside an arbitration award, affirming tribunal's procedural decisions and handling of claims.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| CGS | Applicant | Corporation | Setting-aside application dismissed | Lost | Devathas Satianathan, David Isidore Tan Huang Loong, Avinash Vinayak Pradhan |
| CGT | Respondent | Corporation | Application dismissed | Won | Aaron Lee Teck Chye, Chong Xue Er Cheryl, Chua Xinying |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andre Maniam | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Devathas Satianathan | Rajah & Tann Singapore LLP |
| David Isidore Tan Huang Loong | Rajah & Tann Singapore LLP |
| Avinash Vinayak Pradhan | Rajah & Tann Singapore LLP |
| Aaron Lee Teck Chye | Allen & Gledhill LLP |
| Chong Xue Er Cheryl | Allen & Gledhill LLP |
| Chua Xinying | Allen & Gledhill LLP |
4. Facts
- The Claimant applied to set aside an arbitration award.
- The Claimant alleged that it was not allowed to have its general manager act as co-counsel.
- The Claimant argued that the arbitral procedure was not in accordance with the agreement of the parties.
- The Claimant contended that it was unable to present its case.
- The Claimant claimed a breach of the rules of natural justice occurred.
- The arbitration was subject to the SIAC Rules (6th ed, 2016).
- The Tribunal issued Procedural Order Number 1, which the Claimant did not object to at the time.
5. Formal Citations
- CGS v CGT, Originating Summons No 1117 of 2019, [2020] SGHC 183
6. Timeline
| Date | Event |
|---|---|
| Claimant commenced arbitration. | |
| Claimant ceased to be legally represented. | |
| Case management conference held over the telephone. | |
| Procedural Order Number 1 issued. | |
| Claimant engaged legal counsel T for the upcoming hearing. | |
| Hearing began. | |
| Hearing ended. | |
| Judgment reserved. | |
| Judgment delivered. |
7. Legal Issues
- Breach of Natural Justice
- Outcome: The court found no breach of natural justice, as the Claimant was not deprived of a fair and reasonable opportunity to be heard.
- Category: Substantive
- Sub-Issues:
- Denial of fair hearing
- Inability to present case
- Breach of Agreed Procedure
- Outcome: The court found no breach of agreed procedure, as the Tribunal's conduct fell within the range of what a reasonable and fair-minded tribunal might have done.
- Category: Procedural
- Sub-Issues:
- Failure to follow SIAC Rules
- Violation of party autonomy
- Right to Representation in Arbitration
- Outcome: The court affirmed the right to representation in arbitration but noted that it is not an absolute right and can be subject to reasonable limitations.
- Category: Substantive
- Sub-Issues:
- Choice of counsel
- Role of party representatives
- Failure to Consider Claim
- Outcome: The court found that the Tribunal did not fail to deal with the Claimant's FRP claim, as the Tribunal dealt with each component of the FRP Invoice.
- Category: Substantive
- Sub-Issues:
- Omission of FRP claim
- Misunderstanding of claim
8. Remedies Sought
- Setting aside of arbitration award
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Arbitration
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Turner (East Asia) Pte Ltd v Builders Federal (Hong Kong) Ltd and another | High Court | Yes | [1988] 1 SLR(R) 281 | Singapore | Cited regarding the right to retain legal services in arbitration proceedings in Singapore, and how this right can be limited by statute. |
| Soh Beng Tee & Co Pte Ltd v Fairmount Development Pte Ltd | Court of Appeal | Yes | [2007] 3 SLR(R) 86 | Singapore | Cited for the definition of 'fairness' in the context of natural justice. |
| China Machine New Energy Corp v Jaguar Energy Guatemala LLC and another | Court of Appeal | Yes | [2020] 1 SLR 695 | Singapore | Cited for the definition of 'fairness' in the context of natural justice and the principles regarding the right to a fair hearing in expedited arbitrations. |
| ADG and another v ADI and another matter | High Court | Yes | [2014] 3 SLR 481 | Singapore | Cited for the principle that the right to be heard is subject to the standard of reasonableness and the tribunal's entitlement to make procedural decisions. |
| Triulzi Cesare SRL v Xinyi Group (Glass) Co Ltd | High Court | Yes | [2015] 1 SLR 114 | Singapore | Cited for the principle that the right to be heard is subject to the standard of reasonableness and the definition of 'reasonable'. |
| Anwar Siraj and another v Ting Kang Chung and another | High Court | Yes | [2003] 2 SLR(R) 287 | Singapore | Cited for the principle that the court's supervisory role over a tribunal's exercise of case management powers will be exercised with a light hand. |
| Coal & Oil Co LLC v GHCL Ltd | High Court | Yes | [2015] 3 SLR 154 | Singapore | Cited regarding prejudice as a relevant consideration in setting aside an award for breach of agreed procedure. |
| AQZ v ARA | High Court | Yes | [2015] 2 SLR 972 | Singapore | Cited regarding prejudice as a relevant consideration in setting aside an award for breach of agreed procedure. |
| L W Infrastructure Pte Ltd v Lim Chin San Contractors Pte Ltd and another appeal | Court of Appeal | Yes | [2013] 1 SLR 125 | Singapore | Cited for the principle that the tribunal was denied the benefit of arguments or evidence that had a real chance of making a difference to its deliberations. |
| AMZ v AXX | High Court | Yes | [2016] 1 SLR 549 | Singapore | Cited for the principle that the tribunal was denied the benefit of arguments or evidence that had a real chance of making a difference to its deliberations. |
| Front Row Investment Holdings (Singapore) Pte Ltd v Daimler South East Asia Pte Ltd | High Court | Yes | [2010] SGHC 80 | Singapore | Cited regarding the arbitrator mistakenly thought that part of the respondent’s case had been abandoned and thus did not deal with that part. |
| AKN and another v ALC and others and other appeals | Court of Appeal | Yes | [2015] 3 SLR 488 | Singapore | Cited regarding the distinction between an arbitral tribunal’s decision to reject an argument and the arbitral tribunal’s failure to even consider that argument. |
| BLC and others v BLB and another | Court of Appeal | Yes | [2014] 4 SLR 79 | Singapore | Cited regarding the setting-aside application is not to be abused by a party who, with the benefit of hindsight, wished he had pleaded or presented his case in a different way before the arbitrator. |
13. Applicable Rules
| Rule Name |
|---|
| Singapore International Arbitration Centre Rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| International Arbitration Act | Singapore |
| Legal Profession Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Arbitration
- Setting aside
- Natural justice
- Party representation
- SIAC Rules
- Procedural order
- FRP Claim
- Tribunal
- Expedited procedure
15.2 Keywords
- arbitration
- setting aside
- natural justice
- party representation
- SIAC
- Singapore
16. Subjects
- Arbitration
- Civil Procedure
17. Areas of Law
- Arbitration Law
- International Arbitration
- Civil Procedure