When will the courts set aside arbitral awards? Max Lim, Phillip D’Costa & Harriet Campbell consider recent decisions, increased safeguards & the impact of AI
- An analysis of two recent decisions in Singapore and England, which highlight the importance of transparency and impartiality in arbitration.
- The Arbitration Act 2025 and new AI guidelines aim to bolster impartiality and disclosure.
The Singapore Court of Appeal recently upheld the setting aside of an arbitral award where nearly half of it was found to have been copied—almost verbatim—from previous awards.
In DJP and others v DJO [2025] SGCA(I) 2, the issue came to light because of a common respondent to the awards in question. But given the largely confidential nature of arbitration, could this be the tip of the iceberg?
Arbitration is often favoured because of the perceived speed, flexibility and confidentiality of the process. Fundamental to that process, however, is the warranty provided to the parties that their dispute will be determined through a ‘fair, impartial and equal process’ (DJP v DJO).
