Kluwer: When Does a Tribunal’s Reasoning Become a Breach of the Right to Be Heard? Lessons from Singapore

How far may an arbitral tribunal go beyond the reasoning advanced by the parties without violating the parties’ right to be heard? The Singapore High Court recently considered this in DWL v DWM [2026] SGHC 179. In its reasoning, the tribunal had placed strong reliance on two contractual provisions that neither party had expressly invoked. The Court nevertheless dismissed challenges based on both excess of jurisdiction and breach of natural justice.