Singapore’s SICC Reaffirms High Threshold Test for Breach of Natural Justice

In CUW and others v CUZ [2023] SGHC(I) 2 the Singapore International Commercial Court continued with its jurisprudence confirming a high threshold for setting aside awards because of a breach of natural justice, emphasizing that the high requirements for disclosing such a breach are only met in “exceptional circumstances”.

The court stated that in order to determine a breach of justice the challenging party had to prove the existence of four requirements. I.e. the party must first put forward (1) which rule of natural justice was breached and (2) how it was breached. In addition, the party also must show (3) in what way the breach was connected to the rendering of the award and (4) how the breach prejudiced such party’s rights.

The court found that in the specific case there had not been a breach of natural justice because the challenging party - in this case, the Claimants – hadn´t brought up the statement until the reply closing submissions. In the SICC’s opinion, this was raised too late during the proceedings. The court also found that even if there had been a breach the Claimants had not established the necessary prejudice.