National Oilwell Varco Norway AS (formerly known as Hydralift AS) v Keppel FELS Ltd (formerly known as Far East Levingston Shipbuilding Ltd) - 2022 SGCA 24 Civil Appeal No 188 of 2020 - 16 March 2022
[Arbitration - Enforcement - Setting aside leave to enforce - Misnomer]
In the present case, the appellant, National Oilwell Varco Norway AS (“NOV Norway”), seeks to enforce a final award dated 4 September 2019 (the “Award”), which was issued not in its name, but in the name of a company that no longer exists, A/S Hydralift (“Hydralift”). Following two mergers as part of a corporate restructuring exercise, NOV Norway assumed all the assets, rights, obligations, and liabilities of Hydralift. When the respondent, Keppel FELS Ltd (“KFELS”), commenced an arbitration against Hydralift, NOV Norway appeared, defended the claim and succeeded in its counterclaim in the arbitration. NOV Norway did all this purporting to be Hydralift and it never disclosed the fact that the mergers had occurred or that Hydralift no longer existed.