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Singapore SICC: no warehousing of natural justice objections; foreign law must be proved—set-aside application fails on public policy—DNO v DNP [2025] SGHC(I) 24

Published on: 17 October 2025

Published by a LexisNexis Arbitration expert

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DNO v DNP [2025] SGHC(I) 24 What are the practical implications of this case?

DNO delivers two principal lessons concerning how to pursue natural justice objections, and how to prove foreign law by parties involved. First, the SICC has given firm guidance to arbitral participants that alleged breaches of natural justice should be raised without delay and as a matter of priority with both the tribunal and the opposing party during the course of the arbitration. It is enough to communicate the essence of the complaint; there is no obligation to say expressly that an application to set aside will be filed if the point is not addressed. A failure to do this may lead to the closure of any later attempt to have the award set aside on that ground. Do note, however, that this analysis is probably confined to circumstances where the breach arises at an interlocutory step, and where the complaining party had a genuine opportunity to make its position known. It is unlikely to extend to breaches occurring in the making of the award itself, or when the matter is closer to the evidential hearing. Second, the SICC has emphasised the importance of proving foreign law...

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