In Sacofa Sdn Bhd v Super Sea Cable Networks Pte Ltd and SEAX Malaysia Sdn Bhd [2024] SGHC 54 the Singapore High Court refused to set aside an SIAC award. The set-aside application was based on two arguments, i.e. (i) that the tribunal had exceeded its jurisdiction and (ii) that the award violated the applicable Malaysian law, which was contrary to Malaysia’s public policy and in turn also contrary to Singapore’s public policy.
The High Court disagreed and held that a violation of public policy will only justify the setting‑aside of an arbitral award in exceptional circumstances, and where it would “violate the forum’s most basic notions of morality and justice”.
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