DEL v DEM 2024 SGHC 80 - Judgment - 19 March 2024
Country
Year
2024
Summary
[Arbitration - Award - Recourse against award - Setting aside - Commencement - Notice]
1. HC/OA 800/2023 ("OA 800") is an application by [DEM] to set aside the final award ("Award") made by a sole arbitrator ("Arbitrator") on 26 April 2023 in an arbitration ("Arbitration") administered by the Singapore International Arbitration Centre ("SIAC"). The Award was obtained by [DEL] against [DEM].
2. HC/SUM 2382/2023 ("SUM 2382") is [DEM]'s application to set aside (a) the court order granting [DEL] leave to enforce the Award ("Order") and (b) the judgment entered by [DEL] in terms of the Award ("Judgment") in HC/OA 588/2023 ("OA 588"). The determination of SUM 2382 will follow the result in OA 800.
3. I will refer henceforth to [DEM] as "Mr X" and [DEL] as "W Co". Mr X's primary ground for setting aside the Award is that he was not given proper notice of the arbitration proceedings, having purportedly become uncontactable at the addresses he previously provided under the relevant agreement between the parties. The narrative is not uncommon, but there are twists in the tale.