In arbitration proceedings commenced by the defendant against the plaintiff, the arbitral tribunal, by a majority, issued an award against the plaintiff. The minority issued a dissenting opinion in which he made several serious allegations against the majority.
The plaintiff has applied to set aside the arbitral award. The three summonses before us are applications by the plaintiff for orders that the three members of the arbitration tribunal produce their records of deliberations.
We dismiss the plaintiff's applications for the reasons ...
The arbitration agreement in the Contract provided for disputes to be settled by arbitration in Singapore by three arbitrators in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce (“ICC”).
On 25 April 2019, the defendant commenced arbitration proceedings against the plaintiff. In due course, the arbitration tribunal (the “Tribunal”) was constituted, comprising Professor Douglas Jones AO (“Prof Jones”), Professor Keechang Kim (“Prof Kim”) and Dr Philipp Habegger (“Dr Habegger”). Prof Kim was the defendant’s nominee while Dr Habegger was the plaintiff’s nominee. Prof Jones was appointed by the International Court of Arbitration of the ICC (“ICC Court”) as President of the Tribunal pursuant to Article 12(2) of the ICC Rules of Arbitration 2017 (the “ICC Rules”). The ICC Court is called a court only in name; it administers arbitrations under the ICC Rules and does not make formal judgments on disputed matters.