Case Note & Summary
The case involved an interlocutory application filed by SSANGYONG Engineering & Construction Company Limited seeking clarification and correction of clerical errors in a judgment dated 1st September 2011. The appellant, Yograj Infrastructure Limited, was involved in arbitration proceedings under the Arbitration and Conciliation Act, 1996. The respondent pointed out that the judgment incorrectly stated that an application for interim relief was made under Section 17 of the Act instead of Rule 24 of the SIAC Rules. Additionally, there were claims of inadvertent errors regarding the Curial law and the seat of arbitration. The court considered the submissions from both parties and agreed that the clarifications were necessary, particularly regarding the law governing the arbitration, which was clarified to be the International Arbitration Act of Singapore. The court allowed the interlocutory application and directed that the judgment be read with the corrections made.
Headnote
A) Arbitration Law - Clarification of Curial Law - Correction of Inadvertent Errors - Arbitration and Conciliation Act, 1996, Section 17 - The court clarified that the Curial law of arbitration is the International Arbitration Act of Singapore, not the SIAC Rules, as previously stated. The corrections were necessary to accurately reflect the applicable law governing the arbitration proceedings (Paras 8-9).
Issue of Consideration
Whether the clarifications and corrections sought in the judgment regarding the applicable rules and laws of arbitration should be allowed.
Final Decision
The Supreme Court allowed the interlocutory application filed by SSANGYONG Engineering & Construction Company Limited, clarifying that the Curial law of arbitration is the International Arbitration Act of Singapore and correcting the previous misstatements in the judgment. The judgment dated 1st September 2011 was to be read with these corrections.
Law Points
- Clarification of judgment
- Arbitration law
- SIAC Rules
- International Arbitration Act
- Inadvertent errors
