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The Intricacies Involved in the Pursuit of Natural Justice in Arbitration: L W Infrastructure Pte Ltd v Lim Chin San Contractors Pte Ltd [2013] 1 SLR 125

Koo Zhi Xuan & Joshua Lim Yong En

(2013) 25 SAcLJ 595

Abstract:
This case note explores the intricacies behind the Singapore Court of Appeal decision in L W Infrastructure Pte Ltd v Lim Chin San Contractors Pte Ltd [2013] 1 SLR 125, where an additional arbitral award was set aside for breach of natural justice. The court’s views of the level of prejudice required to set aside an award for breach of natural justice and its first ever pronouncement on s 43(4) of the Arbitration Act (Cap 10, 2002 Rev Ed) are carefully analysed. The case note also discusses two important, practical questions arising from the court’s decision: (a) the consequences of an award being set aside; and (b) the applicability of the “remission” provision in s 48(3) of the Arbitration Act.