In a decision providing important guidance on the limits of court intervention in ongoing arbitrations, the Singapore Court of Appeal has, in DMZ v DNA [2025] SGCA 52, clarified that the term “matters” in article 5 of the UNCITRAL Model Law on International Commercial Arbitration (Model Law) should be construed broadly and confirmed that procedural decisions of arbitral institutions are generally insulated from mid stream judicial scrutiny absent an express gateway under the Model Law or the International Arbitration Act 1994. The apex court also ruled that the waiver of the right of appeal to, or review by, the court under Rule 40.2 of the Arbitration Rules of the Singapore International Arbitration Centre (6th Ed, 1 August 2016) is enforceable.
Our Head, International Arbitration Practice Koh Swee Yen SC, Partner Lin Chunlong, Senior Associate Zerlina Yee and Associate Samuel Low acted for the appellant before the Court of Appeal.
This update discusses the key issues examined in the Court of Appeal’s decision.
If you would like information and/or assistance on the above or any other area of law, you may wish to contact the Partner at WongPartnership whom you normally work with or any of the following Partners:
KOH Swee Yen, Senior Counsel
Head – International Arbitration
Partner – Commercial & Corporate Disputes
d +65 6416 6876
e sweeyen.koh@wongpartnership.com
Click here to view Swee Yen’s CV.
LIN Chunlong
Partner – International Arbitration and
Commercial & Corporate Disputes
d +65 6416 8119
e chunlong.lin@wongpartnership.com
Click here to view Chunlong’s CV.