Singapore—Court of Appeal considers doctrine of res judicata in clarification of public policy ground for setting aside awards (BTN v BTP)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• No breach of natural justice in making Partial Award
• Partial Award was not contrary to Singapore’s public policy
• Tribunal’s decision on Res Judicata Issue not a failure to decide matters
• Case details

Article summary

Arbitration analysis: This decision clarifies the scope of the public policy ground for setting aside of arbitral awards. In dismissing the appellants’ application to set aside a partial award, the court makes it clear that arbitral decisions invoking the doctrine of res judicata remain final and binding on parties, notwithstanding arguments to the effect that a party is deprived of its right to a hearing as a result. Written by Wei Ming Tan, senior associate at CMS Holborn Asia.