JCC 2484/2021

This case looked a key considerations in agency in arbitration. It also considered the need to consider the laws and the rules the parties had agreed to.

Background

The key consideration in agency was the fulfillment of its conditions, including the principal’s signature, authentication of the signature, and the specific authority granted to the agent by arbitration bodies. Typically, a power of attorney was executed before the agent took any action on behalf of the principal. Consequently, the agency in this context authorised the agent to represent the principal before any arbitration body as long as the principal had accepted the agent’s representation in the arbitration proceedings.

The general principle in addressing grounds for annulment was that the court should provide an independent response to each ground. However, if the court found that these grounds revolved around a single legal point or were interrelated, this did not render its judgment contrary to the law, as established by the jurisprudence of this court.