SINGAPORE Law and Practice Contributed by: Chou Sean Yu, Wendy Lin, Monica Chong Wan Yee and Frank Oh Sheng Loong, WongPartnership LLP
function, in order to place the aggrieved party, as far as possible, in the position it would have been in had the agreement not been breached (see PH Hydrau- lics & Engineering Pte Ltd v Airtrust (Hong Kong) Ltd and Another Appeal [2017] 2 SLR 129 (CA) at [62]). Accordingly, punitive damages are rarely awarded in arbitrations governed by Singapore law. 10.3 Recovering Interest and Legal Costs The tribunal may award (among others): • simple or compound interest on the whole or any part of any sum awarded by the tribunal; • any sum that is in issue in the proceedings but is paid before the date of the award; and • costs awarded by the tribunal in the proceedings. Where an award directs a sum to be paid, that sum – unless the award directs otherwise – carries interest as from the date of the award and at the same rate as a judgment debt (5.33% simple interest per annum) (Section 20 IAA and Section 35 (1) AA). The basis for awards of interest (eg, simple or com - pound) is at the tribunal’s discretion, and will depend on the circumstances of the case. Tribunals generally have broad discretion to allocate and award legal costs. Under Rule 58.1 SIAC Rules 2025, the tribunal has the power to order that all or a part of a party’s legal or other costs are to be paid by the other party. Although it is typical for tribunals to apply the principle that costs follow the event as a starting point, they are likely to take into account all relevant circumstances, including the conduct of the parties during the proceedings.
in the proceedings. A “question of law” must be a finding of law disputed by the parties, and a mere erroneous application of the law does not entitle an aggrieved party to appeal (see Northern Elevator Man- ufacturing Sdn Bhd v United Engineers (Singapore) Pte Ltd [2004] 2 SLR(R) 494 at [17]–[19]). Appeals must be brought within 28 days of the date of the award. The appellant must first exhaust any available arbitral process of appeal or review and any available recourse for the correction/interpretation of the award (Section 50 (2) and (3) AA). An appeal under the AA may not be brought unless all other parties to the proceedings have given their consent, or the court’s permission has been obtained (Section 49 (3) AA). Under Section 49 (5) AA, the court will only grant permission to appeal if satisfied that all the following conditions are satisfied. • The determination of the question will substantially affect the rights of one or more of the parties. • The question is one that the tribunal was asked to determine. • On the basis of the findings of fact in the award: (a) the tribunal’s decision on the question is obvi - ously wrong; or (b) the question is one of general public impor - tance and the tribunal’s decision is at least open to serious doubt. • Despite the agreement of the parties to resolve the matter by arbitration, it is just and proper in all the circumstances for the court to determine the ques - tion. An application for permission to appeal must iden - tify the question of law to be determined and state the grounds on which it is alleged that permission to appeal should be granted (Section 49 (6) AA). Apart from the aforementioned appeal procedure for arbitrations under the AA, parties to arbitrations under the IAA and AA may also seek to apply to the court to set aside the arbitral award on the grounds set out in the IAA and ML, as well as the AA (as applicable).
11. Review of an Award 11.1 Grounds for Appeal
Parties to arbitrations falling under the ambit of the IAA are not entitled to appeal an arbitral award; a mechanism for appeal exists only for arbitrations under the AA. Under Section 49 AA, parties may appeal to the court only on a question of law arising out of an award made
722 CHAMBERS.COM
Powered by FlippingBook