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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)
(CZD v. CZE)
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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 High Court denied the defendant’s application to set aside the order of the Assistant Registrar, which had granted enforcement of an award rendered in Beijing. The Court held that, contrary to the defendant’s contentions, (i) the tribunal had not exceeded its jurisdiction, and (ii) enforcement would not be contrary to public policy. In this respect, the Court rejected the claim that the award had been procured through procedural fraud, because the claimant had allegedly maintained inconsistent evidential positions before the arbitral tribunal and in the subsequent (unsuccessful) annulment proceedings in the Chinese courts.
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.