Select Counsel congratulates its Member Marc R. Labgold, PhD on his recent success in obtaining a partial set aside of a final arbitration award.  Dr. Labgold and his colleagues represented their client in an international arbitration seated in Singapore and conducted under the ICC Arbitration Rules (2012). While he and his colleagues had prevailed for the client (the Claimant) in the underlying arbitration, the Tribunal had arbitrarily reduced the period over which liquidated damages were incurred by 25 days based on a defense raised for the first time in the Respondent’s post-hearing submissions. An application for partial set aside of the 25-day reduction of the liquidated damages was pursued before the Singapore High Court. 

In the case of CAI v CAJ [2021] SGHC 21, the Singapore High Court took the rare step of partially setting aside an ICC arbitral award on the grounds that there had been a breach of natural justice, and that the Tribunal had exceeded its jurisdiction. The set aside of the 25-day reduction resulted in additional liquidated damages (approx. S$20 million plus interest) being awarded to the client.  In a follow-on order, the Court awarded an additional S$52,874.27 in attorneys fees and costs.  

A copy of the Court’s decision is available for download here.