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The Natural Justice Fallibility in Singapore Arbitration Proceedings

Khushboo Hashu Shahdadpuri

(2014) 26 SAcLJ 562

Abstract:
Parties frequently envelop all types of arguments under the ambit of a breach of natural justice, in a bid to set arbitral awards aside. This article explores the elements constituting natural justice and the jurisprudence developed by the Singapore courts in approaching applications to set aside arbitral awards on the grounds of a breach of natural justice. In doing so, the author will also deal with the Singapore court’s approach in discerning between genuine breaches of natural justice vis-à-vis attempts to challenge an arbitral award on its merits under the guise of natural justice and, attempt to consolidate this convoluted and easily abused arena of law. As a concluding point, the extent to which a breach of the natural justice rules constitutes a violation of the public policy of Singapore will also be explored.