The Role of Pleadings in Determining an Arbitrator’s Mandate: PT Prima International Development v Kempinski Hotels SA [2012] 4 SLR 98
Gerald Chien-Yi Kuppusamy
(2013) 25 SAcLJ 325
Abstract:
This Court of Appeal decision clarifies the role of pleadings in determining an arbitrator’s mandate. The decision deserves careful consideration because it shows (in what was decided as well as what was not decided) that there are not only similarities, but also differences in the role of pleadings, techniques of pleading, and even what is considered pleadings in litigation and arbitration.