A fair process is foundational to the legitimacy of arbitration. Without a fair, impartial, and equal arbitral process, any party may rightly seek to set aside the resulting arbitral award.
Recently, the Singapore courts have partially set aside two arbitral awards for, respectively, a breach of natural justice and dealing with issues outside the scope of submission to arbitration.
In DMZ v DNA [2025] SGHC 31, the Singapore High Court considered the relationship between arbitral institutions and the parties to the arbitrations they administer, as well as the supervisory court’s role in overseeing institutional arbitrations.
In the recent Constitutional Court Decision No. 100/PUU-XXII/2024, the Constitutional Court clarified what qualifies as a “foreign arbitral award” under Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution.
Arbitration agreements will typically state that any dispute “arising out of or in connection with” the underlying contract is to be resolved by arbitration. However, what are the limits on the expansive scope intended by this phrase?
A key feature of arbitration is that it offers parties the opportunity to have their dispute resolved in private. Even when arbitral proceedings spill over into court, there are implements to safeguard the parties’ privacy.
Where the Court has granted recognition of foreign insolvency proceedings against a company, an automatic stay and suspension of actions or proceedings against that company will arise. However, may a third party pursue an arbitration against the company?
Where a beneficiary fails to appreciate the distinction between its substantive dispute under the underlying contract and the separate issue of its right to be paid under an unconditional on-demand bond, it risks inadvertently turning its unconditional bond into a conditional bond.
In a landmark decision, the Supreme People’s Court of Vietnam, the country’s apex court, recognised and enforced an arbitral award issued under the 2017 ICC Rules.
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