In DGE v DGF [2024] SGHC 107, the claimant DGE advanced eight grounds for setting aside an arbitral award in the defendant DGF’s favour, that the photovoltaic modules (solar panels) supplied by DGE were inherently defective. The High Court (“Court“) dismissed each of these grounds in declining to set aside the award.
This article deals with interesting questions that the Court considered – (i) whether the tribunal’s raising of an unpleaded issue on the first day of the hearing made it a live issue, and (ii) whether a party’s change in its legal position underlying an abandoned claim was a matter requiring pleading or amendments to pleadings.
The defendant was successfully represented by Partner Lai Yew Fei, Partner Tao Tao, and Associate Brendan Tan Zi Jian of Rajah & Tann Singapore.
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