DNZ v DOA & Anor [2026] SGHC(I) 1 (09 January 2026)

DNZ v DOA & Anor [2026] SGHC(I) 1 (09 January 2026)

The court held that Article 26 of the ECT is a multilateral obligation governed by international law and is not displaced by EU law in the context of a third-state seat of arbitration. The absence of an express disconnection clause and the lack of consensus among EU Member States on intra-EU ECT arbitration support the continued applicability of Article 26. The court found no basis to set aside the award on grounds of jurisdiction, public policy, or natural justice.

Citation
[2026] SGHC(I) 1
Parties
Claimant: DNZ; Defendants: DOA and another
Jurisdiction
Singapore
Judgment Date
09 January 2026
Procedural Posture
Originating Application to Set Aside Arbitral Award / Judgment on Application to Set Aside
Outcome
Application to set aside the arbitral award dismissed
Legal Topics
Setting Aside Arbitral Awards, Intra EU Disputes Under ECT, Jurisdictional Objections, Public Policy in Arbitration, Natural Justice in Arbitration
Arbitration International Investment Law Public International Law Setting Aside Arbitral Awards Intra EU Disputes Under ECT Jurisdictional Objections Public Policy in Arbitration Natural Justice in Arbitration

Case Brief

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Parties

DNZ

Claimant

DOA and another

Defendants

Procedural Posture

Originating Application to Set Aside Arbitral Award / Judgment on Application to Set Aside

Legal Issues

  1. 1 Whether Article 26 of the Energy Charter Treaty (ECT) is applicable to intra-EU disputes
  2. 2 Whether the arbitral tribunal had jurisdiction under the ECT
  3. 3 Whether the award should be set aside for breach of public policy or natural justice

Ratio Decidendi

The court held that Article 26 of the ECT is a multilateral obligation governed by international law and is not displaced by EU law in the context of a third-state seat of arbitration. The absence of an express disconnection clause and the lack of consensus among EU Member States on intra-EU ECT arbitration support the continued applicability of Article 26. The court found no basis to set aside the award on grounds of jurisdiction, public policy, or natural justice.

Court Disposition

Application to set aside the arbitral award dismissed

Orders

  • The application to set aside the Final Award dated 7 October 2024 is dismissed.
  • Costs to be determined separately.