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The latest case of PhoenixFin Pte Ltd. and others v. Convexity Ltd. is the culmination of a series of Court of Appeal of Singapore cases setting out the significance of pleadings in...
The latest case of PhoenixFin Pte Ltd. and others v. Convexity Ltd. is the culmination of a series of Court of Appeal of Singapore cases setting out the significance of pleadings in arbitration. The court held that pleadings in arbitration are important especially when an issue is of mixed fact and law and can be the basis for a finding of breach of natural justice warranting the setting aside of the arbitral award. This is notwithstanding the common belief that there is an amount of flexibility in the approach to pleadings in arbitration such that pleadings may take the back seat in arbitrati...
In the recent case of Convexity Ltd. v. Phoenixfin Pte Ltd., Mek Global Ltd. and Phoenixfin Ltd. [2021] SGHC 88, the Singapore High Court departed from its pro-arbitration stance and set aside an arbitral award. The Singapore High Court found that the arbitral tribunal had labored under the misapprehension that parties had agreed to include an unpleaded issue into the scope of submission, though the applicant had repeatedly objected to the same. The unpleaded issue formed the central basis for the tribunal’s decision to dismiss the applicant’s claims. In setting aside the arbitral award,...