Singapore: lessons from the Singapore courts in breach of natural justice cases
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Natural justice is a fundamental concept that underpins arbitration proceedings in Singapore and beyond. It reflects the core expectation that parties will be given a fair opportunity to present their case and that tribunals will approach their mandate with impartiality and without prejudgment.
So, how do Singapore courts set aside arbitral awards for breach of natural justice and what are the practical implications for parties?
CMS arbitration experts have reviewed recent Singaporean case law to identify the threshold for setting aside awards, the circumstances under which courts will intervene, and the practical implications for parties. The courts remain vigilant against attempts to challenge unfavourable awards under the guise of natural justice breaches and expect objections to be raised promptly during proceedings. Proper documentation of all procedural concerns is vital and tribunals should avoid using recycled reasoning.
Those involved in arbitration-related proceedings before the Singapore courts should be aware that there is reluctance to set aside awards and so, procedural concerns should be addressed without delay during arbitration.
Please click the link to read the full article, the second in the CMS Arbitration Atlas series:
Singapore: lessons from the Singapore courts in breach of natural justice cases