About the Seminar:

Much has been said and written about the role of an arbitral tribunal in the period from the start of an arbitration up to the issue of the final award. It is generally understood that once the final award has been issued, the tribunal has no further authority to act. This is the doctrine of functus officio.

But there is life after death for arbitral tribunals. This talk explores some of the issues that arise for arbitral tribunals and, in the case of institutional arbitrations, for the institution concerned, following the issue of the final award.

The talk will consider such matters as the correction and interpretation of an award; the types of errors that may be corrected, how correction and interpretation differ; and what interpretation involves and does not involve.

If further action is required on the tribunal’s part, what is the nature of that action? Should the tribunal issue a decision or an addendum to its award? Or should it make a further award? What is the tribunal’s role on the remission of an award back to it by a national court?

The approach taken to these matters differs between the various arbitral bodies.

The talk then moves on to consider some practical issues, such as the notification and publication of the award; the duty of confidentiality post- the award; and the need to retain the documents from the arbitration.

Even after the tribunal’s role is exhausted, its members may yet be asked to play a role in subsequent court proceedings. And there may be a case for the parties to extend the tribunal’s functions in some situations.

About the Speaker:

Stuart is a London QC with over 30 years experience in international commercial arbitration and litigation. In 2008, he opened his own office in Singapore, where he acts regularly as an arbitrator and as counsel. He is well known in the Singapore legal community and splits his time professionally between London and Singapore. He is ranked by Chambers Global and Chambers Asia as a leading arbitrator (Tier 1). He is a Fellow of the SIArb and ACICA, a member of the SIAC, KCAB and KLRAC arbitrators’ panels and an experienced ICC, LCIA and ICSID arbitrator. He also sits in London as a Deputy Judge of the High Court. 

About the Chairperson:

Leng Sun is qualified in Malaysia, Singapore and England. He is appointed a Senior Counsel of Singapore in 2011. Since 1995, he has been a partner in Ang & Partners, a commercial practice that is also known for its expertise in maritime, arbitration and insurance law. He had taught shipping law at the National University of Singapore and served as a Legal Officer of the United Nations Compensation Commission in Geneva. Leng Sun is Adjunct Faculty for International Commercial Arbitration at SMU. Leng Sun chairs the Law Society ADR Committee and the SIArb Education Committee. He sits as an arbitrator and adjudicator on the panel of various institutions, such as SCMA, SIAC, ICC, KLRCA, FIDReC, the Income Tax Board of Review and the Maintenance of Parents Tribunal. Leng Sun was a Cambridge Pegasus Scholar, a Kuok Foundation Scholar and an Honorary Shell Scholar. He is Country Commentator for Singapore in Tetley’s Marine Cargo Claims (4th ed.). 

Programme

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