Challenges to Natural Justice and Infra Petita principles in Singapore's legal landscape: Recent judicial decisions and potential legislative adjustments
In a series of three recent decisions, the Singapore Court of Appeal has provided timely and instructive guidance on natural justice and infra petita challenges in the arbitration context. The court's approach in these cases is to safeguard the integrity of arbitral proceedings while maintaining a high threshold for judicial intervention.
The four-step framework for infra petita challenges is a new development in the Singapore Court of Appeal's approach to arbitration. This framework is designed to ensure a fair and efficient arbitration process, and is expected to streamline the process of challenging decisions in arbitration.
The cases in question are Palm Grove Beach Hotels v Hilton, DJP v DJO, and DKT v DKU. In these cases, the court's approach was to scrutinise the challenges closely, with one challenge being unsuccessful as it sought to re-litigate the merits under the guise of natural justice. On the other hand, a successful challenge did not involve re-opening the merits, but instead focused on a procedural issue that affected the fairness of the process.
The successful challenge in the cases exposed a fundamental procedural flaw that compromised the fairness of the process. For instance, in Palm Grove Beach Hotels v Hilton, the court found that the arbitral tribunal had failed to consider relevant evidence, thereby breaching the principle of natural justice. In DJP v DJO, the court held that the arbitral tribunal had erred in its interpretation of the parties' agreement, leading to an infra petita error.
The four-step framework for infra petita challenges is a response to the challenges faced in these cases. The framework requires the court to consider whether the alleged error is an infra petita error, whether the error had a material impact on the decision, whether the party had a reasonable opportunity to raise and correct the error, and whether the court should exercise its discretion to set aside the award.
The successful judgment in the series of three Court of Appeal decisions in Singapore was based on revealing a fundamental procedural defect that violated the fairness of the proceedings, whereas the unsuccessful applications sought to revisit the disputes under the pretext of natural justice without identifying such a critical defect.
The four-step framework for infra petita challenges is a reflection of the Singapore Court of Appeal's commitment to upholding the integrity of arbitral proceedings. The framework is expected to provide clarity and certainty in the arbitration process, and offers insights into Singapore's ongoing arbitration law reform.
The article provides a detailed analysis of each case, offering readers a comprehensive understanding of the court's approach to ensuring fairness in arbitral proceedings. It is a significant addition to Singapore's arbitration law, and is expected to contribute to the development of a robust and efficient arbitration system in the country.
