DJK & 2 Ors v DJN

[2024] SGHC 309 High Court (General Division) 3 December 2024 • HC/OA 274/2024 • 28 min read

5 cases cited Cited by 1 case

Catchwords

Arbitration — Award — Recourse against award — Setting aside — Breach of natural justice — Whether tribunal exhibited apparent bias in conduct of proceedings and in award

Practice Areas

Arbitration

Judges (1)

Chua Lee Ming Delivered

Counsel (8)

Chua & Partners LLP Firm Colin Seow Chambers LLC Firm Nine Yards Chambers LLC Firm Colin Seow Counsel Defendant Nichol Yeo Counsel Defendant Sheryl Koh Counsel Claimant Siddartha Bodi Counsel Claimant Violet Huang Counsel Defendant

Parties (4)

DJK Claimant DJL Claimant DJM Claimant DJN Defendant

Case Significance

DJK and others v DJN [2024] SGHC 309 is a grounds of decision of the General Division of the High Court (Originating Application No 274 of 2024) by Chua Lee Ming J, delivered on 3 December 2024. The claimants (DJK, DJL and DJM) applied to set aside an arbitral award on the ground of apparent bias. The arbitration, seated in Singapore, was administered by the Singapore International Arbitration Centre (SIAC) under the SIAC Arbitration Rules (6th Edition, 1 August 2016) before a sole arbitrator. The claimants had filed a Notice of Challenge to the SIAC Court seeking the arbitrator's removal for apparent bias, which was rejected, after which the arbitration proceeded without their participation. The claimants did not challenge that decision, and after the final award was issued they brought this application to set it aside. In the proceedings the Defendant had been the claimant in the arbitration and the Claimants were the respondents; the application turned on whether the tribunal exhibited apparent bias in the conduct of proceedings and in the award.

Summary

The claimants DJK, DJL and DJM applied in the General Division of the High Court to set aside a Singapore-seated SIAC arbitral award on the ground that the sole arbitrator had exhibited apparent bias in the conduct of the proceedings and in the award. The arbitration arose from a loan agreement under which the defendant sought repayment from the first claimant as borrower, with the second and third claimants as guarantors; the claimants had earlier unsuccessfully challenged the arbitrator before the SIAC Court and did not participate further in the arbitration. Chua Lee Ming J dismissed the application, finding that the claimants' arguments, whether taken individually or together, did not show that the arbitrator had prejudged the merits, and ordered the claimants to pay costs fixed at $33,000.

What did the High Court consider in DJK and others v DJN [2024] SGHC 309?

In [2024] SGHC 309, Chua Lee Ming J considered an application to set aside a SIAC-administered arbitral award on the ground of apparent bias, after the claimants' Notice of Challenge to remove the sole arbitrator had been rejected by the SIAC Court.

Can an arbitral award be set aside for apparent bias in Singapore?

DJK and others v DJN [2024] SGHC 309 concerned an application to set aside a Singapore-seated SIAC arbitral award for breach of natural justice, on the ground that the tribunal exhibited apparent bias in the conduct of the proceedings and in the award, decided by Chua Lee Ming J.