Template Justice on Trial: A Critical Analysis of DJP v. DJO’s New Standards for Arbitrators - Journal of International Arbitration View Template Justice on Trial: A Critical Analysis of DJP v. DJO’s New Standards for Arbitrators by - Journal of International Arbitration Template Justice on Trial: A Critical Analysis of DJP v. DJO’s New Standards for Arbitrators 42 5

In international commercial arbitration, a delicate balance exists between safeguarding procedural integrity and preventing tactical disruptions. However, the Singapore Court of Appeal’s (SGCA’s) decision in DJP v. DJO threatens this equilibrium by establishing new standards for arbitral conduct that significantly impact repeat appointments. To that end, this article critically examines two problematic principles emerging from this decision: the ambiguous threshold for permissible ‘copying’ in arbitral awards and the impractical ‘equality of information’ requirement among tribunal members. Although intended to protect procedural fairness, these standards place arbitrators in an untenable position, demanding artificial mental segregation between related proceedings while failing to acknowledge how human cognition naturally incorporates accumulated knowledge. Moreover, by importing judicial standards into arbitration without corresponding remedial mechanisms and treating all copied content equally regardless of type, this decision risks transforming natural justice principles into strategic weapons against unfavourable awards, potentially undermining arbitration’s core advantages of expertise, efficiency, and finality.

Journal of International Arbitration