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
Indian Forest Services IFS officer
Cadre Mismanagement Hits Uttarakhand Forest Department Amid Acute IFS Shortage - Know the Matter
Uttar Pradesh Police (UP)_resized
28 DSPs Reshuffled in Uttar Pradesh, Anshu Jain Transferred to Bagpat District - Check Official Order
Karnataka-govt-announces-state-wide-close-down-for-14-days
2019 Phone Tapping Case: Karnataka Govt's Fresh Inquiry Against IPS Alok Kumar Stayed by CAT
CVO
Centre Extends Tenure of Three PSU CVOs; Additional Charges Also Prolonged
Garden Reach Shipbuilders & Engineers Ltd
GRSE to Boost Shipbuilding Capacity to 28 Vessels by 2025, Eyes Greenfield Facility for Commercial Expansion
delhi-government-resized
Delhi Government to Set Up Mini Secretariats in All 11 Revenue Districts - All Details Mentioned Here
NHPC Awards
NHPC Honored with “GEEF Global Environmental Excellence Company of the Year 2025” Award in Power Sector
laxmi-singh-1200-1
UP: Traffic Chaos in Gautam Budh Nagar, ACP Suspended, DCP Served Notice - Know More About Commissioner Laxmi Singh's Action
ADVERTISEMENT
ADVERTISEMENT
Videos
IMG-20250523-WA0036
Abhishek Singh's SECRET: Vipassana, Anthropology & Smart Answer Writing | Video Interview 
Madhav Agarwal UPSC
From Gwalior to the Top 20: What Drove Finance Pro Madhav Agarwal to Crack UPSC CSE 2024 with AIR 16? | Exclusive
Dr Rajeev Narain Mishra
Meet The Star IPS Officer Dr Rajeev Narain Mishra | Video Interview
ADVERTISEMENT
UPSC Stories
Anjali Sondhiya UPSC IFS 2024
Engaged in 10th, 8 Years of Preparation, How This IFS Topper Cracked the UPSC: Anjali Sondhiya’s Journey - A Lesson For Every Girl
Anjali Sondhiya defied early engagement and societal pressure to crack UPSC’s IFS exam-2024 with AIR...
Kanika Anabh
Kanika Anabh: How This JNU Graduate Beat the Odds to Become India’s Forest Service-2024 Topper
Kanika Anabh from Ranchi overcame three UPSC failures with disciplined study and smart strategies to...
IMG-20250523-WA0036
Abhishek Singh's SECRET: Vipassana, Anthropology & Smart Answer Writing | Video Interview 
Abhishek Singh, UPSC CSE 2024 Rank 78, shares his journey: from IIT Hyderabad to civil services. He discusses...
Social Media
UPSC Latest IAS IPS IFS
UPSC CSE Prelims 2025 Tomorrow: ICLS Officer Altap Shaikh Shares Last-Minute Motivation for Aspirants
His five-post thread offers encouragement, practical advice, and emotional support - not just for those...
Anupam Sharma IFS
#BoycottTurkey: IFS Officer Anupam Sharma Sparks Nationalist Call to Action
IFS Sharma urged citizens to avoid Turkish agricultural imports
Vikram Misri IFS
United Front Against "Nameless" Trolls! After IAS, IPS, & IFoS Officers, Nation's Top Diplomats Rally in Support of Foreign Secy Vikram Misri
The trolling, coming from “nameless, faceless” sources, has sparked widespread condemnation, especially...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
Indian Forest Services IFS officer
Cadre Mismanagement Hits Uttarakhand Forest Department Amid Acute IFS Shortage - Know the Matter
Uttar Pradesh Police (UP)_resized
28 DSPs Reshuffled in Uttar Pradesh, Anshu Jain Transferred to Bagpat District - Check Official Order
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
IMG-20250523-WA0036
Madhav Agarwal UPSC
Dr Rajeev Narain Mishra
ADVERTISEMENT
ADVERTISEMENT