Sacofa Sdn Bhd v Super Sea Cable Networks Pte Ltd and another 2024 SGHC 54 - 28 February 2024
Country
Year
2024
Summary
Introduction
1. This was an application by the claimant to set aside arbitral award No 089 of 2023 dated 14 July 2023 (the “Award”) made in the SIAC Arbitration No 304 of 2022 (the “Arbitration”) by the sole arbitrator (the “Tribunal”). The dispute between the parties originally arose out of a telecommunications project in Malaysia. The claimant contracted with the first respondent to build and operate a telecommunications cable system to be landed in Malaysia from Singapore. The relationship soured when the claimant re-entered the land on which the system was to be built. The claimant stated that the first respondent did not have the requisite regulatory licences to undertake the project.
2. A key issue between the parties concerned the conflicting dispute resolution clauses in contracts between the parties and which contract formed the centre of gravity in the parties’ dispute. Ancillary to that arose issues surrounding illegality and public policy in Malaysia and whether such illegality and public policy concerns would also be in conflict with Singapore public policy. Finally and as a result of numerous parallel proceedings between the parties in Malaysian courts, the issue of transnational issue estoppel also had to be addressed.
Arbitration - Award - Recourse against award - Setting aside - Competing arbitration and non-exclusive jurisdiction clauses - Whether tribunal exceeded its jurisdiction - Whether award contravened foreign law and public policy - Whether award contravened Singapore public policy - Conduct of arbitration - Estoppel