Clifford Chance
Singapore decision holds High Court has power to reconsider arbitral tribunal's findings on illegality
12 July 2011
The Singapore High Court has held that it has the inherent jurisdiction to reconsider issues of illegality pertaining to a contract even though the arbitral tribunal may have already determined that the contract in question was not illegal.
The court may therefore in an application to set aside an arbitral award on the basis of the alleged illegality, examine afresh the facts of the case and determine the issue of illegality accordingly.
