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Table of contents

• What are the practical implications of this case?
• What was the background?
• Factual Background and Material Procedural History
• Issues on Appeal
• What did the court decide?
• Case details

Article summary

Arbitration analysis: The Singapore Court of Appeal (‘SGCA’) held that the failure of a party to participate in arbitration proceedings may preclude it from raising an infra petita challenge in its setting aside application by virtue of its non-participation and consequent failure to raise the key issues for the arbitral tribunal’s consideration. This case has far-reaching implications on the presentation of infra petita challenges in setting aside applications in Singapore, as well as decisions by parties to an arbitration to participate or not to participate in arbitration proceedings. Written by KOH Swee Yen, senior counsel, head of the International Arbitration Practice and a partner in the Commercial & Corporate Disputes and Commodities & International Trade Practices at WongPartnership LLP and Samuel TEO, an associate at WongPartnership LLP.