The Court of Appeal of the Singapore Supreme Court has upheld the setting aside of an arbitral order by a tribunal that was led by former Indian CJI Dipak Misra. The said panel also had former Madhya Pradesh High Court Judge Justice Krshn Kumar Lahoti and former J&K High Court Chief Justice Gita Mittal as members.
As per reports, the Singapore Supreme Court bench of Chief Justice Sunderesh Menon and Justice Steven Chong ruled that an earlier order by the Singapore International Commercial Court stands valid.
The court found that the tribunal’s order had 212 paragraphs out of a total 451 paragraphs lifted verbatim from a previous order that had nothing to do with the concerned case.
The case was regarding a legal dispute between a special purpose vehicle managing freight corridors and a consortium of 3 companies involved in infrastructure projects. The dispute had gone to a tribunal led by Dipak Misra under International Chamber of Commerce rules.
The Singapore International Commercial Court had found glaring errors in the tribunal’s order, including mentions of submissions that were never made, incorrect contractual terms unrelated to the case, and clauses from Indian laws instead of Singaporean law.