DEM v DEL

[2025] SGCA 1 Court of Appeal 3 January 2025 • CA/CA 24/2024 • 29 min read
19 cases cited (18 SG, 1 foreign)

Catchwords

Arbitration — Recourse against award — Breach of natural justice Arbitration — Recourse against award — Lack of proper notice — Whether actual or deemed notice of the arbitration was provided Arbitration — Recourse against award — Infra petita — Whether infra petita challenges should be rationalised as natural justice challenges — Whether a non-participating party can bring an infra petita challenge

Practice Areas

Arbitration

Judges (3)

Belinda Ang Saw Ean Coram Steven Chong Delivered Sundaresh Menon Coram

Counsel (7)

Chua & Partners LLP Firm Tang Thomas LLC Firm Joshua Thomas Raj Counsel Respondent Sheryl Lauren Koh Quanli Counsel Appellant Siddartha Bodi Counsel Appellant Tan Pang Leong Nicholas Counsel Appellant Vigneesh s/o Nainar Counsel Respondent

Parties (2)

DEL Respondent DEM Appellant

Case Significance

[2025] SGCA 1 is a Court of Appeal decision dated 3 January 2025 concerning Arbitration, specifically addressing recourse against award. The judgment was delivered by Steven Chong, with Belinda Ang Saw Ean and Sundaresh Menon on the coram. The case was brought by DEM (appellant) against DEL (respondent). Legal representation was provided by Chua & Partners LLP and Tang Thomas LLC. The judgment cites 19 cases (18 Singapore, 1 foreign) and references 1 statutory provision, namely the Arbitration Act.

Summary

DEM appealed against the dismissal of his application to set aside an arbitral award arising from a dispute over the sale of a franchised enrichment centre under a Business Purchase Agreement. The appellant argued he was not properly served with the notice of arbitration and that the arbitrator failed to consider whether there was consideration for the BPA as against him (infra petita challenge). The Court of Appeal dismissed the appeal, finding the appellant had notice of the arbitration but chose not to participate, and the lack of consideration argument was misconceived in any event.

What was decided in [2025] SGCA 1?

[2025] SGCA 1 (DEM v DEL) is a Court of Appeal decision from 3 January 2025 addressing Arbitration, specifically recourse against award. The judgment was delivered by Steven Chong.

Who were the parties in DEM v DEL?

The appellant in [2025] SGCA 1 was DEM, and the respondent was DEL. Legal representation included Tang Thomas LLC and Chua & Partners LLP. The case was decided on 3 January 2025 in the Court of Appeal.

Which judge decided [2025] SGCA 1?

[2025] SGCA 1 was delivered by Steven Chong in the Court of Appeal on 3 January 2025. Belinda Ang Saw Ean and Sundaresh Menon also sat on the coram. The case concerned Arbitration.

What cases and statutes does [2025] SGCA 1 cite?

[2025] SGCA 1 cites 19 prior decisions, including 1 from foreign jurisdictions. It references Arbitration Act.

Statutes Cited

Arbitration Act (Cap 10)
s 48

Cases Cited (19)

SG (3)
[2010] SGHC 80 [2023] SGHC(I) 18 [2024] SGHC 80
SLR (15)
[2009] 2 SLR(R) 332 [2011] 4 SLR 305 [2012] 4 SLR 98 [2013] 4 SLR 1169 [2013] 4 SLR 972 [2014] 4 SLR 79 [2015] 3 SLR 488 [2017] 5 SLR 184 [2018] 2 SLR 1311 [2018] 2 SLR 532 [2020] 1 SLR 695 [2020] 5 SLR 1250 [2021] 1 SLR 390 [2022] 5 SLR 393 [2024] 1 SLR 1283
UK (1)
[2017] EWHC 2208

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2025] SGCA 1)