Knowing one's place (of arbitration): Consequences of the Tribunal's selection of the wrong seat

21 Jan 2020

In ST Group Co Ltd and others v Sanum Investments Limited and another appeal [2019] SGCA 65, the Court of Appeal reversed the High Court’s decision, finding that the tribunal’s constitution of the wrong arbitral seat should allow the award debtor to resist enforcement of the award on the basis that the arbitration had not been conducted in accordance with the agreement of the parties. In the apex court’s view, it was unnecessary to demonstrate actual prejudice arising from such an error in order to refuse enforcement of the award.

This update examines the Court’s treatment of a tribunal’s selection of the wrong seat of arbitration.

Please click here to read more about the update.