Swissbourgh Diamond Mines (Pty) Ltd and others v Kingdom of Lesotho

This is the first case in Singapore in which a party have sought to set aside an investor-state arbitral award on the merits, the arbitration was administered by an ad hoc tribunal constituted under the auspices of the Permanent Court of Arbitration (PCA) tribunal, which elected Singapore as the seat of arbitration.

The PCA tribunal determined that the Kingdom of Lesotho had violated its international obligations by voting with the other African nations to dissolve the SADC tribunal while the claim was before it. The Kingdom of Lesotho applied to set this award aside. The Court agreed with Lesotho and set aside the award on the basis that the PCA tribunal lacked jurisdiction, and that its decision exceeded the scope of the submission to arbitration

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