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Lawrence W. Newman and David Zaslowsky Lawrence W. Newman and David Zaslowsky

The notion that courts generally defer to arbitrators is well established around the globe. But there are exceptions. We have discussed in previous columns (1) that courts sometimes refuse to enforce arbitral awards because, though often couched in other terms, they essentially believe that arbitrators strayed too far from the result the courts think is correct, (2) that courts do not always allow arbitrators to decide the issue of whether a dispute is arbitrable, and (3) the court-created ground for refusing to enforce an arbitral award known as “manifest disregard of the law.” In this column, we look at three recent decisions on these issues from three different countries.

Award Vacated for Refusing To Hear Witnesses

In CBP v. CBS, [2020] SGHC 23, a decision by a first-instance court in Singapore, the court dealt with a dispute arising out of an agreement to purchase coal, that included an agreement to arbitrate under the Rules of the Singapore Chamber of Maritime Arbitration (SCMA). An arbitration ensued between the buyer and a bank to which the seller’s rights had been assigned. The heart of the dispute concerned a meeting that took place in December 2015.

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