Summary

Introduction

The parties were, respectively, Employer and Contractor under a design and build contract (the "Contract") for certain works in relation to a railway project. Disputes arose between them, which were referred by the Contractor to arbitration (the "Arbitration") before a three-member tribunal (the "Tribunal") comprising Sir Antony Edwards-Stuart (presiding), Mr Edwin Glasgow CBE, QC, and Mr Harish Salve QC.

The Arbitration culminated in an Award dated 2 April 2025, following which the Tribunal issued a Decision and Addendum on 25 June 2025. The Award, as revised by the Decision and Addendum, awarded a sum of money to the Contractor.

On 25 September 2025, the Employer applied to court to set aside the Award and the Decision and Addendum on two grounds:

(a) the Tribunal lacked jurisdiction; and

(b) the Tribunal breached natural justice in relation to four aspects of the Award.

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Arbitration -- Award -- Recourse against award -- Setting aside -- Jurisdiction -- Whether failure to comply with pre-arbitration procedures went to admissibility or jurisdiction -- Whether tribunal breached natural justice by depriving party of reasonable opportunity to respond to case against it -- Infra petita challenge