A recent Singapore International Commercial Court
("SICC") decision considered the extent to which an
arbitral tribunal can exclude evidence after a specified
date.
It is often said that arbitral tribunals are the masters of
their own procedure. However, there are limits to the powers
available to tribunals to sanction parties which fail to adhere to
procedural deadlines or to comply with agreed procedures.
Unfortunately, frustration among users with a lack (or perceived
lack) of sanctions to effectively manage defaulting parties in
arbitration is common.
In the recent decision of CYW v CYX [2023] SGHC(I) 10,
the SICC considered the extent to which an arbitral tribunal can
exclude evidence after a specified date. The SICC decision, which
was handed down on May 31, 2023, illustrates the Singapore
courts' deferential approach to the review of procedural
decisions by tribunals and, at least in Singapore, dispels the
misconception that tribunals have no teeth when
