The following article explains the implications of the decision of the Singapore High Court (SGHC) in CHH v CHI. In this case, the court dismissed an application under section 48 of the Arbitration Act to set aside a Singapore-seated International Chamber of Commerce (ICC) award. Although the arbitrator’s finding on a particular issue was against common ground between the parties (the ‘impugned finding’), the SGHC refused to set aside the ICC award. While the impugned finding was made in excess of the scope of the submission to arbitration, no prejudice was caused and thus a setting aside was not warranted. In any event, the impugned finding could be separated from the other reasons upholding the award.
This analysis was first published on Lexis®PSL on 8 January 2021.
