Setting aside an award over the mis-application of a choice of law clause: Quarella SpA v Scelta Marble Australia Pty Ltd [2012] SGHC 166

Author

Darius CHAN, Singapore Management UniversityFollow

Publication Type

Transcript

Version

publishedVersion

Publication Date

10-2012

Abstract

In Quarella SpA v Scelta Marble Australia Pty Ltd [2012] SGHC 166, the High Court of Singapore (per Prakash J) rejected an application to set aside two related arbitration awards. The ground for setting aside was an alleged misinterpretation of a choice of law clause by the tribunal. In rejecting the application, the High Court demonstrated its unwillingness to set aside an award when the tribunal has considered and respected the choice of law clause (regardless of the interpretation the tribunal ultimately preferred). Notably, the High Court did not close the door on instances where the tribunal may have failed to apply the choice of law clause or expressly refused to apply such a clause.

Discipline

Asian Studies | Contracts | Courts

Publication

Singapore Law Watch Commentary

First Page

1

Last Page

3

Publisher

Singapore Academy of Law

Citation

CHAN, Darius. Setting aside an award over the mis-application of a choice of law clause: Quarella SpA v Scelta Marble Australia Pty Ltd [2012] SGHC 166. (2012). Singapore Law Watch Commentary. 1-3.
Available at: https://ink.library.smu.edu.sg/sol_research/3034

Copyright Owner and License

Authors

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.