SINGAPORE Law and Practice Contributed by: Randolph Khoo, See Chern Yang, Tan Ei Leen and Sharon Ki, Drew & Napier
v CDJ (2020), 5 SLR 484 at (31)). These high standards are driven by notions of international comity and the spirit of the New York Convention. In CEF v CEH (2022), 2 SLR 918 at (36), the court of appeal held that Article 41 of the ICC Arbitration Rules 2012 – which provides that an arbitral tribunal “shall make every effort to make sure that an award is enforceable at law” – only created a duty for the tribunal to ensure that procedural requirements for enforcement are met. As long as a tribunal has used
every effort to ensure enforceability of the award in places where it could reasonably be expected to be enforced, the tribunal would have met its obligations under Article 41. The court of appeal held at (38) and (39) that an arbitral tribunal was not expected to pre - dict or guarantee the outcome of any enforcement proceedings with respect to the award it makes. It also held that there is no implied term in every arbitration agreement that any award made shall be in a form that is enforceable in the same manner as a court judgment.
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