Introduction
Previously, we highlighted the
The Court of Appeal decision
While arriving at the same conclusion, the
Classification of Limitation laws
The Court of Appeal, however, took a different view.
The Court of Appeal rejected the test in BBA, holding that the "pure determination" is whether issues of Limitation are procedural or substantive. The Court held that they are procedural in nature because time limitations are entirely disjointed and unaffected by the merits of the parties' case — they are blind to the merits.
Thus, the
Extent of curial intervention
While issues of Limitation are procedural, the elephant in the room is, does the Court have power to review an arbitral tribunal's decision or decision-making process in arriving at the applicable Limitation law?
In essence, the
The Court of Appeal again took a different view. It held that the classification of "question of law" is unhelpful as it may have either a procedural or substantive connotation or both. While the Court is empowered to, as a matter of procedural law, intervene in the arbitral tribunal's decision-making process, it cannot review the arbitral tribunal's decision on the merits.
The Court of Appeal went on to hold that while section 37 of the AA contains an exhaustive list of grounds to set aside an arbitral award, that does not mean that matters beyond the precise words of the provisions cannot fall within the grounds under section 37 of the AA. Significantly, the
Conclusion
The Court of Appeal's decision is significant, not least because it seeks to establish a test on Limitation laws in the context of arbitration. The classification of procedural and substantive is also in line with our earlier case law by the same Court in
This Arbitration Update is prepared by Wong Wen Sheng and Hardeep Kaur A/P Ragbir Singh.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Wong Wen Sheng
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