Due process provisions meant to serve as a shield against arbitrary or unequal treatment may at times be transformed into swords by abusive parties to achieve precisely the consequences that such provisions are meant to shield against. This has typically materialized by due process paranoia of the tribunals that would incentivise recalcitrant parties to file…
The judgment of the Singapore International Commercial Court (the “Court”) in DJO v DJP and others [2024] SGHC(I) 24 (“DJO”) provides helpful guidance on when an award may be set aside for breach of natural justice. While setting-aside applications do not generally succeed given the well-established principle of minimal curial intervention, the Court undoubtedly reached…
A recent ruling by the Chilean Supreme Court has clarified the extent of control that Chilean tribunals can exert when reviewing the procedural rules applied in arbitration awards seeking recognition in Chile (see Case N° 133.313-2022, dated 27 July 2023). Consistent with previous cases, the Court upheld a broad scope of freedom for parties to…
