Summary

This is an application by Hyatt Terminal and Industrial Corporation ("HTIC") to set aside an arbitral award ("Award") granted in favour of Filipinas Third Millenium Realty Corporation ("FTMRC") in a Singapore-seated arbitration, on the jurisdictional ground that FTMRC was not a party to the arbitration agreement. The application turns on whether a lease entered into between HTIC as lessor and Total Petroleum Philippines Corporation (later renamed Total (Philippines) Corporation ("TPC")) as lessee was validly transferred by a deed of assignment executed by TPC in favour of FTMRC.

The lease was in respect of 8.8726 hectares of land in Bataan, Philippines. It was signed on 29 December 2000 ("Lease Contract"). On 5 July 2021, TPC purportedly assigned the Lease Contract to FTMRC through the execution of a deed of assignment ("Deed of Assignment"). The tribunal, by a 2:1 majority, found that "TPC had validly assigned the Lease Contract to FTMRC".

HTIC contends that the Award should be set aside as FTMRC is not a proper party to the arbitration agreement found in the Lease Contract: Art 34(2)(a)(i) of the UNCITRAL Model Law on International Commercial Arbitration ("Model Law"), which is given the force of law in Singapore by s 3(1) of the International Arbitration Act 1994 (2020 Rev Ed) ("IAA"). Having considered the parties' submissions, we allow the application. These are our reasons.