DGE v DGF 2024 SGHC 107 - 25 April 2024
Country
Year
2024
Summary
Introduction
HC/OA 1165/2023 ("OA 1165") is an application by [DGE] ("E") to set aside the Partial Award on Jurisdiction and Liability dated 17 August 2023 ("Partial Award") as corrected by the Corrections to the Partial Award dated 2 October 2023 (together, "Award") issued by a three-member arbitral tribunal ("Tribunal") in two consolidated arbitrations ("ARB 1" and "ARB 2" respectively, and together, "Arbitration"). The Arbitration is seated in Singapore and conducted under the International Arbitration Act 1994 ("IAA") and the UNCITRAL Arbitration Rules (with new article 1, paragraph 4, as adopted in 2013) ("UNCITRAL Rules 2013").
[DGF] ("F") is the claimant and E is the respondent in the Arbitration. F's claim in the Arbitration was that E supplied photovoltaic ("PV") modules (in common parlance, solar panels) with allegedly defective AAA backsheets (ie, backsheets made of a material comprising three layers of polyamide) ("AAA Modules"). The Arbitration was bifurcated into a liability phase and a remedies phase. By the Award, made in the liability phase, the Tribunal found that 365,000 AAA Modules supplied by E were inherently defective. The remedies to be awarded will be determined in the final award. In OA 1165, E advances no less than eight distinct grounds for setting aside the Award.