JUDGMENT OF THE SINGAPORE HIGH COURT RENDERED IN 2004 IN CASE [2004] 4 SLR 705; [2004] SGHC 204

 

Subject Matter: Whether the expert had gone beyond his mandate and the agreement of the parties and whether not providing the parties with the information supplied by the expert to the arbitral tribunal was a breach of natural justice in making the award.

 

Finding: The court held that there was nothing that violated any agreement of the parties and that by informing the parties that the tribunal was going to rely on unwritten assistance of the expert, no objection having been made by either party, the requirements of natural justice were satisfied.

 

Parties:

Claimant: Luzon Hydro Corp. (Philippines)

Respondent: Transfield Philippines Inc. (Philippines)

 

Place of Court Proceedings: Singapore

 

Applicable Law: Singapore International Arbitration Act

 

Place of Arbitral Proceedings: Singapore

 

Arbitrators:

Chairman: Dr. Michael Pryles

Arbitrator: Dr. Clyde Croft QC

Arbitrator: Mr. Neil Kaplan QC

 

Applicable Arbitration Rules: ICC Rules of Arbitration 1998