The firm is proud to announce our members' Marc R Labgold, PhD and Patrick J Hoeffner continued success on behalf of our client in obtaining a partial set aside of a final arbitration award. Our firm represented the client in an international arbitration seated in Singapore and conducted under the ICC Arbitration Rules (2012). While our client, the Claimant, had prevailed in the arbitration, the Tribunal had arbitrarily reduced the period over which liquidated damages were incurred by 25 days based on a defense raised for the first time in the Respondent's post-hearing submissions. An application for partial set aside of the 25-day reduction of the liquidated damages was pursued before the Singapore High Court.
In the case of CAI v CAJ  SGHC 21, the Singapore High Court took the rare step of partially setting aside an ICC arbitral award on the grounds that there had been a breach of natural justice, and that the Tribunal had exceeded its jurisdiction. The set aside of the 25-day reduction resulted in additional liquidated damages (approx. S$20 million plus interest) being awarded to our client. In a follow-on order, the Court awarded the plaintiff S$52,874.27 in costs.
Dr Labgold and Mr Hoeffner represented the Claimant/Plaintiff in the underlying ICC arbitration in conjunction with Nagashima Hashimoto & Yasukuni (Tokyo), and collectively worked with Nicholas Narayanan and Crystal Chik of Nicholas & Tan Partnership LLP (Singapore) to instruct Cavinder Bull, SC, Lin Shumin and Amadeus Huang of Drew & Napier LLC (Singapore) on the application for partial set aside. Mr Bull presented the case for our client in the hearing before the Singapore High Court.