Witness-Gating: Arbitrator's Denial of Witness Evidence at Hearing Deemed Breach of Natural Justice in Singapore
By EsqSocial Corporation 17/02/21
While tribunals in Singapore enjoy wide discretion in managing procedural and evidentiary matters in arbitrations, that discretion is not unfettered and does not necessarily allow a tribunal to deny parties the right to present witness evidence at a hearing. On 20 January 2021, the Singapore Court of Appeal in CBS v CBP [2021] SGCA 4 held that an arbitrator's decision to prohibit the parties from presenting any witness evidence at a hearing amounted to a breach of natural justice, and upheld...
By: Jones Day