Appeals: approbation and reprobation

In CLX v CLY and Another [2022] SGHC 17 the Singapore High Court discussed the question whether a party to an arbitration who had relied upon the award to derive benefit from it was precluded by the approbation and reprobation principle from challenging the award. The court reviewed the English authorities on the point and the broad conclusion was that the bar applied to the successful party but not to the losing party. Thus, if the arbitrator rules that the buyer of goods is entitled to reject them on quality grounds, arrangements made by the seller to dispose of the goods do not preclude a challenge to the award.

The facts