Law & Legal Studies

Due process phobia in international arbitration – China machine new energy corp. v. Jaguar energy Gautemala LLC

Due process phobia in international arbitration - China machine new energy corp. v. Jaguar energy Gautemala LLC

Due to the transition from ‘in-person’ to ‘online’ hearings, concerns about due process have surfaced.

Authors

Ahan Gadkari, Student, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.

Summary

Due Process Phobiaā€¯ is a perceived hesitation of arbitral tribunals to move decisively in particular circumstances out of concern that the award would be set aside. on the grounds that a party did not have an adequate opportunity to state its case.

As a consequence, arbitrators, particularly those with less familiarity with the limitations of their procedural autonomy, may be less inclined to use their procedural autonomy, instead yielding to the tactical whims of counsel. Due to the transition from ‘in-person’ to ‘online’ hearings, concerns about due process have surfaced.

The judgment in China Machine New Energy Corp. v. Jaguar Energy Guatemala LLC highlights the parties’ rights to a complete chance to present their case, shedding light on the meaning of due process under Singaporean law and international commercial arbitration. This paper delves into the Singapore Court of Appeal’s effort to fix this anomaly to rectify this incongruous state of affairs.

Published in: Bennett Journal of Legal Studies

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