1 The claimant applies to set aside a final arbitration award issued in favour of the respondent on 28 June 2022. The claimant relies on two statutory provisions to submit that the tribunal breached the rules of natural justice in arriving at its award. First, the claimant submits that the tribunal breached the rules of natural justice and thereby prejudiced the claimant's rights in the arbitration within the meaning of s 24(b) of the International Arbitration Act 1994 ("the IAA"). In the alternative, the claimant submits that it was unable to present its case in the arbitration within the meaning of Art 34(2)(a)(ii) of the UNCITRAL Model Law on International Commercial Arbitration as adopted by the United Nations Commission on International Trade Law on 21 June 1985 ("the Model Law") and as enacted in Singapore law by s 3 of the IAA. As an alternative to the remedy of setting aside, the claimant asks me to remit the award to the tribunal under Art 34(4) of the Model Law, in order to give the tribunal an opportunity to eliminate the grounds for setting aside.
2 I have dismissed the claimant's application with costs. The claimant has appealed against my decision. I now set out the grounds for my decision.
SIAC, Singapore International Arbitration Centre, COVID-19