Singapore Court of Appeal—Singapore award partially set aside for breach of natural justice (Wan Sern Metal v Hua Tian Engineering)
Arbitration analysis: The Singapore Court of Appeal partially allowed the appeal by Wan Sern Metal Industries Pte Ltd (the appellant) against an arbitral award in favour of Hua Tian Engineering Pte Ltd (the respondent) and partially set aside the award. The arbitration was conducted on an expedited, documents-only basis. The respondent introduced a claim for ‘expectation damages’ in its written submissions which was not part of the parties' agreed list of issues. The appellant opposed the claim in reply submissions. The arbitrator granted this claim inter alia on the basis that the appellant did not object to or address the respondent's measure of damages. unpleaded, the arbitrator oversimplified the appellant's case and therefore ascribed an incorrect position to the appellant, resulting in an award made in breach of natural justice. Written by Yu-Jin Tay, Kay-Jannes Wegner and Charles Tay of Mayer Brown PK Wong & Nair Pte Ltd.