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 Wan Sern Metal Industries Pte Ltd v Hua Tian Engineering Pte Ltd [2025] SGCA 5, the Court of Appeal (“CA“) set aside part of an arbitral award where the arbitrator had acted in breach of natural justice by failing to apply her mind to the parties’ cases. In particular, the CA addressed the significance of pleadings in a documents-only arbitration and what natural justice might demand in that context. It also issued practical advice to both tribunals and parties on prudent steps to take when an unpleaded issue is raised.
In India Glycols Ltd and others v Texan Minerals and Chemicals LLC [2025] SGHC 28, the dispute centred around the part of the arbitral award which held that all three respondents in the arbitration were liable to the claimant in the arbitration. The High Court found that the issue of only one respondent’s liability was within the scope of submission to arbitration, and set aside the impugned part of the award.
In this article, we delve into the cases and highlight the key takeaways.
Visit Arbitration Asia for insights from our thought leaders across Asia concerning arbitration and other alternative dispute resolution mechanisms, ranging from legal and case law developments to market updates and many more.
For more information, click here to read the full Legal Update.
Disclaimer
Rajah & Tann Asia is a network of member firms with local legal practices in Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam. Our Asian network also includes our regional office in China as well as regional desks focused on Brunei, Japan and South Asia. Member firms are independently constituted and regulated in accordance with relevant local requirements.
The contents of this publication are owned by Rajah & Tann Asia together with each of its member firms and are subject to all relevant protection (including but not limited to copyright protection) under the laws of each of the countries where the member firm operates and, through international treaties, other countries. No part of this publication may be reproduced, licensed, sold, published, transmitted, modified, adapted, publicly displayed, broadcast (including storage in any medium by electronic means whether or not transiently for any purpose save as permitted herein) without the prior written permission of Rajah & Tann Asia or its respective member firms.
Please note also that whilst the information in this publication is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as legal advice or a substitute for specific professional advice for any particular course of action as such information may not suit your specific business and operational requirements. You should seek legal advice for your specific situation. In addition, the information in this publication does not create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on the information in this publication.
