CNA v CNB & Anor

Case Significance

CNA v CNB and another [2024] SGCA(I) 2 was decided by the Singapore Court of Appeal on 16 May 2024, in Civil Appeal No 7 of 2023. The grounds of decision were delivered by Robert French IJ, sitting with Sundaresh Menon CJ and Steven Chong JCA, after the hearing on 14 November 2023. The matter concerned arbitration, specifically arbitral tribunal jurisdiction and recourse against an award by setting aside. The appeal was dismissed at the hearing following the close of oral argument, with the reasons set out in the grounds of decision; the factual background was set out in detail in the Singapore International Commercial Court judgment under appeal, CNA v CNB and another and other matters [2023] SGHC(I) 6. The appellant, CNA, had applied to the SICC to set aside partial awards on liability and costs given on 8 June 2020 and 31 July 2021 by an International Chamber of Commerce ("ICC") Tribunal (the "2017 ICC Tribunal"). The arbitration concerned a dispute arising out of a Software Licensing Agreement dated 29 June 2001 relating to a computer game series. CNA contended, among other things, that the arbitration clause under that agreement, providing for ICC arbitration applying Singapore law, had been superseded by a subsequent extension agreement in 2017. CNA was represented by counsel including Cavinder Bull of Drew & Napier LLC, with the respondents represented by WongPartnership LLP and Yulchon LLC.