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Tag Archives: Singapore Court of Appeal

THE SINGAPORE COURT OF APPEAL CLARIFIES THE ARBITRABILITY OF MINORITY SHAREHOLDER CLAIMS

The Singapore Court of Appeal has overturned the High Court’s decision in Maniach Pte Ltd v L Capital Jones Ltd and another [2016] SGHC 6 (see our earlier article), which concerned a dispute between the shareholders of the international gourmet food business, Jones the Grocer. At first instance, L Capital Jones, the majority shareholder, applied for orders that court proceedings concerning a minority shareholder oppression claim be stayed and instead be settled through arbitration, as its shareholder agreement with Maniach contained an arbitration agreement. The High Court rejected this application

Macanese Investor Succeeds in Reversing Singapore High Court’s Decision on Jurisdiction in its BIT Claim

A Macanese investor, Sanum Investments Ltd (“Sanum“), has successfully appealed a Singapore High Court decision on a tribunal’s jurisdiction to determine Sanum’s claims under the bilateral investment treaty (“BIT“) between the People’s Republic of China (“China“) and the Lao People’s Democratic Republic (“Laos“). The Court of Appeal’s decision in Sanum Investments Ltd v Government of the Lao People’s Democratic Republic [2016] SGCA 57, which was handed down on 29 September 2016, is discussed below. Background While Macau was under Portuguese rule, the China-Portugal Joint Declaration (“Declaration“) was signed in 1987,

Singapore Court of Appeal confirms prima facie threshold of review for stays of court proceedings in favour of arbitration

In Tomolugen Holdings Ltd and another v Silica Investors Ltd and other appeals [2015] SGCA 57, the Singapore Court of Appeal gave a definitive ruling on the standard of review for stays of court proceedings in favour of arbitration, holding that the courts need only be satisfied on a prima facie basis that a valid arbitration agreement applies to the dispute.  The ruling departs from the English case law which permits courts to decide the full merits of jurisdictional questions, and sides with Hong Kong which also applies the prima

“Something weighty”: Chief Justice Menon ex temps the standard required for a court to exercise its discretion to not refer a dispute to arbitration

In Sim Chay Koon and others v NTUC Income Insurance Co-operative Limited [2015] SCGA 46, the Singapore Court of Appeal considered the proper relationship between the courts and arbitration, and the circumstances in which a court should ignore the existence of an arbitration agreement and allow a party to bring its dispute before the courts. The dispute concerned a class action for an alleged breach of employment terms and wrongful termination. In an ex tempore judgment Sundaresh Menon CJ referred to s 21(1) of the Arbitration Act, which provides: The

Bouvier and the Billionaire – Singapore Court of Appeal sets aside Mareva Injunctions over assets of Swiss art dealer

In Bouvier v Accent Delight International [2015] SGCA 45, the Singapore Court of Appeal set aside Mareva injunctions (otherwise known as freezing injunctions) over the assets of Swiss art dealer Mr. Yves Charles Edgar Bouvier.  The Court held that, to prove a real risk of  dissipation of assets, it would not be enough to establish a good arguable case of dishonesty; the nature of the dishonesty that is alleged must be of such a nature that it has a real and material bearing on the risk of dissipation.  In this

Singapore Court of Appeal upholds obligation to promptly comply with dispute adjudication board decisions

In PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation [2015] SGCA 30, the Singapore Court of Appeal held that parties under a contract containing the Red Book’s dispute resolution provision (clause 20.4) must comply with any decision by a dispute adjudication board in a prompt manner, even if the merits of the dispute have not been determined. The Court of Appeal recently dismissed two appeals brought by the appellant, PT Perusahaan Gas Negara (Persero) TBK (“PGN“), against the respondent, CRW Joint Operation (“CRW“) which concerned: (a) whether a majority

Singapore Court of Appeal finds arbitration agreement contained in standard terms incorporated into a contract made by email

The Singapore Court of Appeal has allowed an appeal against a decision of the Singapore High Court, finding that standard terms (containing an arbitration agreement) sent by one party after the essential terms to the transaction had been agreed upon, were nonetheless incorporated into the agreement between the parties. R1 International, a Singapore incorporated company, supplied natural rubber to Lonstroff AG, a Swiss incorporated company, under several orders. The first and second orders were confirmed by email and subsequently, sales contracts purporting to incorporate the terms of the International Rubber

Astro v Lippo: Singapore Court of Appeal clarifies award debtor’s right to challenge arbitral tribunal’s decision on jurisdiction and joinder of third parties

The Singapore Court of Appeal has given its much-anticipated decision in the latest chapter of the long running Astro v Lippo dispute, allowing an appeal by PT First Media TBK (a Lippo company) against enforcement orders issued by the Singapore High Court in respect of arbitral awards worth US$250 million made in favour of eight companies belonging to the Astro group.  (PT First Media TBK (formerly known as PT Broadband Multimedia TBK) v Astro Nusantara International BV and others and another appeal [2013] SGCA 57.) The arbitration proceedings related to