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Can a Singapore Court Overturn an Arbitral Award for Inadequate Analysis?
In DKT v DKU [2025] SGCA 23, the Singapore Court of Appeal held that mere inadequate analysis by the tribunal on an essential issue is insufficient to set aside the arbitral award. The court would only intervene if there is a complete failure by the tribunal to address an essential issue.
The Court of Appeal set out a new framework to deal with inter petita challenges and it made clear that challenges that simply rehash the substantive merits of an award will not be entertained. This sends a sharp warning to parties considering unmeritorious challenges — such moves risk indemnity costs being awarded against the unsuccessful applicant.
The successful Respondent was represented by the Providence Law Asia LLC team: Mr. Jiaxiang Zhuo (Director, Head of International Arbitration) and Mr. Wei Shing Ngo (Director).
The full case update with some practical takeaways can be found here.
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