Singapore Court of Appeal: Arbitrator's Jurisdiction cannot be revived

The Singapore Court of Appeal's decision Voltas limited v York International Pte Ltd [2024] was based on the following facts. In 2014, an arbitrator determined that York International Pte Ltd (York) was liable to Voltas Limited (Voltas) for two amounts totaling USD 1,132,439.46. The liability in this award was conditioned on Voltas proving that it had paid these amounts to a third party. Subsequently, further disputes arose. Voltas sought a further arbitration award in the same matter. On August 23, 2021, the arbitrator issued another award. He determined that he could decide whether the conditions of the [2014] award were satisfied. 

The Singapore Court of Appeal held that once a tribunal has made a determination in the matter, it no longer has jurisdiction. There should be very few exceptions to this rule. Under the so-called "slip rule", it's acceptable to correct miscalculations, clerical or typographical errors or, with the agreement of all parties, to interpret a particular section of the award. In addition, a party may ask the court to issue an additional award. However, only those issues that were not covered by the previous award are covered.

The court also noted that the arbitrator must clearly state that the award is not final, for example, by referring to it as a partial award. However, in the case on which the Singapore Court of Appeal based its decision, this was not the case. Instead, the arbitrator had acknowledged that he hadn't expressly reserved his jurisdiction.