In ONI Global Pte Ltd & Anor v GNC Holdings LLC & Anor Appeal [2026] SGCA(I) 3, the Court of Appeal affirmed that the court should exercise the “greatest caution possible” before reopening and re-litigating questions of alleged procedural fraud already dealt with by the tribunal. Absent further evidence not before the tribunal, or an impermissible flaw in its process, the court will typically not substitute its own conclusions for the tribunal’s findings on the materiality of concealed information.

On impermissible hedging in challenges to arbitral awards, the apex court clarified that a party raising due process objections to a new argument, while still addressing the argument on the merits, must make clear to the tribunal that it is doing so under protest, and that proceeding to the merits is necessarily on the basis of a continuing and unfairly prejudicial or irremediable breach of its due process rights. Failure to do so would be fatal to any subsequent challenge.

To view our update on the decision, please click here.

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 the following Partner:

LIN Chunlong
Partner – International Arbitration, Commercial &
Corporate Disputes and Shipping, International
Trade & Commodities Disputes
d +65 6416 8119
e chunlong.lin@wongpartnership.com
Click here to view Chunlong’s CV.