Summary

...

The Arbitration

The respondent commenced an arbitration ("Arbitration") against the appellant in 2017, for its failure to pay certain calls and supplementary calls.

The notice of arbitration ("NOA") was sent by the respondent to the appellant on 31 May 2017 by way of e-mail to its corporate email address and courier to its registered office. The respondent appointed an arbitrator ("Arbitrator") as its arbitrator for the Arbitration. The appellant failed to appoint an arbitrator when called upon to do so; thus, the Arbitrator was appointed as the sole arbitrator.

The appellant did not file its defence submissions or participate in the proceedings.

The Arbitrator issued the award ("Award") on 17 July 2019, in which he found in favour of the respondent. The Arbitrator ordered that:

Pacmar Shipping Pte Ltd v South of England Protection [2026] SGCA 20 and Indemnity Association (Bermuda) Ltd

(a) the appellant was liable to the respondent for the sum of US$82,332.40 in respect of the unpaid calls;

(b) the appellant was liable to the respondent for interest due till 10 July 2017 in the amount of US$44,854.17;

(c) the appellant was liable to the respondent for interest on the total sum of US$127,186.57 due as at 10 July 2017 at the rate of 5% above the 6-month-USD-LIBOR rate compounded monthly;

(d) the appellant shall pay to the respondent its costs of the arbitration;

(e) the appellant shall pay the tribunal's ("Tribunal") costs of the award; and

(f) the appellant shall pay interest on the costs of the respondent.

...

The appellant did not satisfy the Award. On 15 July 2025, the respondent filed HC/OA 738/2025 ("OA 738") for permission to recognise and enforce the Award ("Recognition Application") pursuant to ss 19 and 29 of the International Arbitration Act 1994 (2020 Rev Ed) ("IAA").

...

Arbitration - Enforcement - Foreign award - Whether action to enforce an award was time barred under s 6(1)(c) of the Limitation Act 1959 (2020 Rev Ed) - Whether s 6(3) of the Limitation Act 1959 (2020 Rev Ed) applied - Whether award debtor could argue that underlying claims in the arbitration were time-barred - Equity - Defences - Laches - Limitation of Actions - When time begins to run - Action to enforce an award