Case and Legislation Notes: The Singaporean Response to Abuse of Due Process in International Arbitration— China Machine New Energy Corp V Jaguar Energy Guatemala LLC

Abstract

The promise of international arbitration as an efficient dispute resolution mechanism has been plagued by the unsavoury practice of parties abusing their due process rights to attack arbitral awards that turn out unfavourably. The Court of Appeal in CMNC v Jaguar Energy sends a clear message that parties themselves must be accountable for raising their procedural objections contemporaneously to the tribunal, rather than reserving them for a second bite at the proverbial cherry.