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Court Powers Under The SCJA Not Applicable Under The Model Law To Extend The Time Limit For A Setting Aside Application

In the case of BXS v BXT [2019] SGHC(I)10, the plaintiff applied to set aside a Singapore International Arbitration Centre award seated in Singapore. However, the application was brought outside the three-months time limit for challenging an arbitral award under Article 34(3) Model Law.   The Singapore International Commercial Court (“SICC”) held that the three-months time limit under Article 34(3) Model Law is absolute and the court has no power to extend the time. Hence, the application should be struck out for being out of time.   Notably, the SICC clarified that the general power to extend time under Section 18(1) of the Supreme Court of Judicature Act (“SCJA”) read together with the First Schedule of the Act does not apply to Article 34(3) Model Law as the latter was a 'written law relating to limitation'.

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