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SINGAPORE 5 April 2023 CZD v. CZE
High Court of the Republic of Singapore, General Division, 5 April 2023, Originating Application No 725 of 2022 (Registrar’s Appeal No 23 of 2023) and Summons No 4435 of 2022)
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High Court of the Republic of Singapore, General Division, 5 April 2023, Originating Application No 725 of 2022 (Registrar’s Appeal No 23 of 2023) and Summons No 4435 of 2022)
(CZD v. CZE)
SINGAPORE 5 April 2023 CZD v. CZE
The Court denied the defendant’s application to set aside the order enforcing an award rendered in PR China. It found, first, that the record proved that the arbitrators had not exceeded their authority, as it appeared that they had found the defendant to be liable under the loan agreement on which the arbitration claimant relied, and not – as alleged – on other agreements between the parties. Second, the Court dismissed the claim that enforcement would be contrary to public policy – meaning the basic notions of morality and justice – because the award had been obtained by (procedural) fraud. The defendant’s contention that the claimant had maintained inconsistent evidential positions before the arbitral tribunal and in subsequent proceedings in the courts of PR China (including failed attempts to have the award set aside) was not supported by the evidence. Last, the Court held that the defendant’s claim that the award should not be enforced because it had been satisfied – through attachment in PR China – was not a recognized ground under Sect. 31 of the International Arbitration Act, which mirrors Art. V of the New York Convention and provides an exhaustive list of grounds for refusal of enforcement.
The court discusses questions relating to the general approach taken by the Convention to the grounds for refusal of recognition and enforcement, including its pro-enforcement bias, as well as the system of the Convention, under which recognition and enforcement may only be denied on seven listed grounds and the petitioner has only the obligations set out in Art. IV.
Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.