Introduction
Recently, in DKT v DKU [2025] SGCA 23, the Singapore Court of Appeal dealt with the growing trend of parties seeking to set aside arbitral awards under section 48(1) of the Singapore Arbitration Act 2001 on the ground of breach of natural justice, and clarified the legal framework for infra petita challenges, namely, where the essential complaint was that the tribunal had failed to consider material issues raised during arbitration.
Brief facts
Relying on an expert report, the respondent commenced arbitration against the appellant for breaches of contract. The tribunal accepted the expert report and found in favour of the respondent. Dissatisfied, the appellant sought to set aside the award pursuant to section 48(1), alleging that the tribunal acted in breach of natural justice by:
- disregarding certain pleaded defences (“1 st Ground”);
- failing to apply its mind to the appellant’s arguments concerning the expert’s admission that core samples were taken from incorrect locations (“2 nd Ground”); and
- adopting a chain of reasoning that was not reasonably expected (“3 rd Ground”).
The High Court dismissed the application.
