https://indianmasterminds.com

ADVERTISEMENT
ADVERTISEMENT

Singapore Court Voids Arbitral Award Led by Ex-CJI Dipak Misra Over Breach of Natural Justice

The award was part of a dispute linked to India’s Dedicated Freight Corridor project, where the tribunal’s judgment was found to contain extensive portions copied from unrelated arbitration cases.
Indian Masterminds Stories

In a landmark ruling, the Court of Appeal of Singapore has set aside an arbitral award chaired by former Chief Justice of India, Dipak Misra, due to a breach of natural justice. The award was part of a dispute linked to India’s Dedicated Freight Corridor project, where the tribunal’s judgment was found to contain extensive portions copied from unrelated arbitration cases.

The arbitration, involving a special purpose vehicle managing India’s freight corridors and a consortium of infrastructure companies, centered on a dispute over additional payments linked to increased minimum wages for workers in India, stemming from a 2017 government notification. The contract, which designated Singapore as the seat of arbitration, led the consortium to initiate proceedings in December 2021 under the International Chamber of Commerce (ICC) rules.

However, what stood out in the judgment was the significant amount of copied content. The Court of Appeal observed that nearly 47 percent of the 451 paragraphs in the arbitral award were verbatim excerpts from two earlier arbitration proceedings that were also chaired by Justice Misra. The two other co-arbitrators in the current case had no knowledge of the content or context of the earlier cases, which created an imbalance in the decision-making process.

The court ruled that this extensive reproduction of previous decisions, without adjustments for the specifics of the case at hand, gave rise to an appearance of prejudgment and bias. The tribunal’s reliance on prior awards, instead of thoroughly evaluating the unique aspects of the dispute, led to a conclusion that was not based on an independent assessment of the issues.

The Singapore Court of Appeal’s judgment emphasized that the integrity of the decision-making process had been compromised. By drawing from prior awards, the tribunal failed to ensure that the parties received a fair hearing. Moreover, since the president of the tribunal, Justice Misra, had prior knowledge of the parallel arbitration proceedings, the co-arbitrators were placed at a disadvantage, leading to unequal access to information.

This ruling is a significant reminder of the high standards expected in international arbitration, particularly in maintaining fairness and impartiality. It also raises important questions about the involvement of retired judges in arbitration proceedings, especially when they may have prior knowledge of related cases. The decision underscores the importance of ensuring that each case is considered independently, free from external influences or biases.

Read the Judgement Copy Here-


Indian Masterminds Stories
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
Mohan Yadav
MP CM Mohan Yadav Cancels Land Pooling for Simhastha 2028, Ensures Farmers’ Interests and Grand Preparations
ARKA GKT-1
India Just Unveiled ARKA GKT-1 — A Silicon Marvel Designed for AI, Smart Cities & High-Efficiency Energy
ARKA GKT-1
Govt Approves 17 Electronics Component Manufacturing Projects Under ECMS, Rs 7,172 Crore Investment to Boost ‘Make in India’
IITF 2025
Coal India Limited Showcases Critical Minerals and Advanced Mining Technologies at IITF 2025
Zero Ka Dum
BPCL Opens Applications for ‘Elevate’ Cohort Under Ankur Fund to Boost Green Tech and Cybersecurity Startups
Vanashakti judgment
Supreme Court Recalled Vanashakti Judgment, Post-Facto Environmental Clearances Back in Play, Real Estate & Mining Sectors Brace for Big Shift
Engineers India Limited EIL Engineers India Ltd (EIL)
Leadership Updates: Atul Gupta Recommended as Next CMD of Engineers India Limited (EIL) by PESB
REE_CRM_Launched
DAE Launches BARC–B1401, India’s First Indigenous Rare Earth CRM for Global-Standard Mineral Analysis
ADVERTISEMENT
ADVERTISEMENT
Videos
IPS Abhishek Yadav
Inside IPS Abhishek Yadav’s Mission to Build a Smarter, Kinder Police Force in Pilibhit
Syed Waquar Raza, DIG, Murshidabad
Decoding India’s Internal Security Challenges with A UPSC Guru
Dara Kavitha
IPS Dara Kavitha: The Cyber Guardian of Hyderabad’s Digital Frontier
ADVERTISEMENT
UPSC Stories
hajhajshajsh
Years Without Results, Yet Unshaken: How Vivek Agrawal Became MPPSC Rank 1 in DSP After 6 Attempts and 4 Interviews
Vivek Agrawal, after four consecutive interviews and years of uncertainty, secured Rank 1 in MPPSC 2023...
Ajit Kumar Mishra MPPSC 2023
A Scholarship, A Dream & Rank-1: How Ajit Kumar Mishra Cracked MPPSC-2023 in 4 Attempts - A Story of Grit and Glory (Exclusive)
Ajit Mishra, hailing from a small village in Panna, achieved MPPSC Rank-1 in his fourth attempt, rising...
IFS Kenneth Chakma UPSC
This IFS Officer Wants to Turn the Northeast into a Global Model of Green Prosperity
UPSC achiever and IFS officer Kenneth Chakma shares his path from GSI to the Forest Service and his mission...
Social Media
IFS leaf-whistling viral video
IFS Officer Shares Video of Tiger Reserve Guide’s Leaf-Whistling Talent, Internet Tries to Guess the Tune
Jaldapara National Park Guide Shows Extraordinary Leaf-Whistling Skills, Goes Viral
Shalabh Sinha IPS Singing
Who is IPS Shalabh Sinha? The Bastar SP Whose Kishore Kumar Rendition Took Social Media by Storm
IPS officer Mr. Shalabh Sinha’s soulful performance of “Rimjhim Gire Sawan” at Dalpat Sagar goes viral,...
IAS L.V
Clean Skies vs Choking Smog: Ex-IAS L V Nilesh's Critiquing Post Comparing Delhi’s Smog to U.S. Skies Sparks National Outrage
Ex-IAS officer Mr. L.V. Nilesh’s viral post comparing Delhi’s polluted air to the U.S. has reignited...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
Mohan Yadav
MP CM Mohan Yadav Cancels Land Pooling for Simhastha 2028, Ensures Farmers’ Interests and Grand Preparations
ARKA GKT-1
India Just Unveiled ARKA GKT-1 — A Silicon Marvel Designed for AI, Smart Cities & High-Efficiency Energy
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
IPS Abhishek Yadav
Syed Waquar Raza, DIG, Murshidabad
Dara Kavitha
ADVERTISEMENT
ADVERTISEMENT