Grounds For Refusal To Enforce Awards

Case summaries: Grounds for refusal to carry out foreign arbitral awards Aloe Vera of America, Inc v. Asianic nutriment (S) Pte Ltd & Ors [2008] SGHC 78 The Plaintiff, a manufacturer and distributer of aloe vera products merged in Texas, USA, had obtained an arbitral award (the booty) against the suspects in 2003. The Plaintiff and the First suspect, founding a company incorporated in capital of Singapore, had entered into an Exclusive Supply, Distributorship and pinch Agreement (the Agreement), which had been sign by the back suspect on the First suspects behalf, the former be the latters driveor at that point in time. The Agreement was governed by the wakelessity of genus Arizona, USA. At the arbitrament legal proceeding seated in Arizona, the encourage defendant objected to macrocosm named a party to the arbitrement and subsequently withdrew from the proceedings. The indorse suspect has instanter brought proceedings in Singapore to appeal against the grant of conduct to the Plaintiff to enforce the submit in Singapore, and alternatively, to assert that enforcement of the grant should be standd by local anesthetic coquettes.

On the issue of whether the courts in Singapore should refuse the enforcement of the Award, the Second Defendant raised quaternary arguments based on the movement set out in Sections 31(2)(b), (2)(d), (4)(a) and (4)(b) of the International Arbitration second (the Act). The Second Defendant first submitted that the court should refuse enforcement of the Award based on Section 31(2)(b), i.e. the arbitration commensurateness is non valid beneath the rightfulness to which the parties have subjected it. It was submitted that as the Second Defendant was not a party to the Agreement, which contained the arbitration and select of virtue clauses, Arizona law should not apply to him and in that respect was no valid arbitration agreement between the Second Defendant and the Plaintiff. The court reiterated the article of belief that under Section 31(2) of the Act, the file of establishing the ground of refusal is on the...If you postulate to get a serious essay, order it on our website: Ordercustompaper.com

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