In BTN and another v BTP and another [2020] SGCA 105, the Singapore Court of Appeal dismissed an application that an award should be set aside on the ground of public policy because the arbitral tribunal before which the appellants appeared held that they were prevented by the doctrine of res judicata from litigating on a component of their defence. Since there was no allegation that the appellants were prevented from presenting their cases on the res judicata issue before the tribunal, the tribunal did precisely what was intended by disposing of the parties’ agreed issues, which included the issue of the res judicata effect of the relevant prior decision. A tribunal’s decision on the res judicata effect of a prior decision is not a decision on jurisdiction, but a decision on admissibility, and the courts cannot review it on its merits.
See the summary of the case issued by the Singapore High Court.
