Tuesday, November 25, 2014

Opposing enforceemnt of awards


 

As Singapore Hight Court has laid down:

 
"[A] party faced with a Convention award against him has two options.:
 
Firstly he can apply to the courts of the country where the award was made to seek the setting aside of the award. If the award is set aside then this becomes a ground in itself for opposing enforcement under the Convention.
 
 Secondly, the unsuccessful party can decide to take no steps to set aside the award but wait until enforcement is sought and attempt to establish a Convention ground of opposition. … [T]he options are alternatives and not cumulative"
 

See Newspeed Int’l Ltd v. Citus Trading Pte Ltd , XXVIII Y.B. Comm. Arb. 829, 833 (Singapore High Ct. 2001) (2003)

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