Summary

Introduction

The claimant in the main action (HC/OA 958/2025, hereinafter "OA 958"), Zhejiang Crystal-Optech Co Ltd ("COT"), obtained an order of the General Division of the High Court dated 29 August 2025 ("Enforcement Order"), granting it permission to enforce an interim arbitral award issued by an emergency arbitrator in foreign arbitration proceedings. HC/SUM 2678/2025 ("SUM 2678") is an application by the respondent in OA 958, Moveon Technologies Pte Ltd ("Moveon"), to set aside the Enforcement Order under s 31 of the International Arbitration Act 1994 (2020 Rev Ed) ("IAA").

Having considered the parties' written and oral submissions, I allow SUM 2678. In my view, the determinative issue in this case is whether the emergency arbitrator had the power to issue the interim arbitral award. This in turn depends on whether such a power exists under the applicable law or has been conferred by the parties' agreement. Based on the available expert and factual evidence before me, I hold that there is no such power under the applicable law, namely that of the People's Republic of China ("China"), nor was any such power conferred by agreement of the parties.

Arbitration -- Arbitrability and public policy -- Award -- Interim award -- Recourse against award -- Enforcement -- Foreign award -- Conduct of arbitration -- Foreign law -- Interlocutory order or direction -- CIETAC