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High Court confirms high threshold to establish breach of natural justice

In DBL v DBM [2023] SGHC 267 the Singapore High Court confirmed once again the high threshold required to establish a breach of natural justice to have an award set aside. It is only in very limited circumstances that the tribunal’s decision may be considered unfair by the courts. In addition, the court should be cautious not to allow a party to use fairness as a licence to effectively mount an appeal against the tribunal’s decision. The fact that an arbitrator did not discuss his reasoning or state his conclusion in respect of certain issues, does not necessarily mean that he did not apply his mind to parties’ arguments on the said issues.

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