Reed Smith Client Alerts

This article was originally published in Practical Law Arbitration. Reproduced with permission. This client alert is co-written by Reed Smith Pte Ltd and Resource Law LLC who together form the Reed Smith Resource Law Alliance in Singapore. Reed Smith Pte Ltd is licensed to operate as a foreign law practice in Singapore. Where advice on Singapore law is required, we will refer the matter to and work with licensed Singapore law practices where necessary

In Hilton International Manage (Maldives) Pvt Ltd v Sun Travels & Tours Pvt Ltd [2018] SGHC 56, 14 March 2018, the Singapore High Court considered whether it had the power to grant a permanent anti-suit injunction in circumstances where court proceedings were commenced after the arbitral proceedings had concluded and an award had been issued.

Authors: Simon Jones Nikisha Mirpuri

*Simon Jones is a Partner and Nikisha Mirpuri is an Associate in Reed Smith's Singapore office.

Speedread

The Singapore High Court has refused to grant a permanent anti-suit injunction against a recalcitrant arbitral award debtor in circumstances where the debtor began court proceedings at the place of enforcement after the awards against it had been made.

While the court found it had a power to grant a permanent injunction even after the conclusion of arbitral proceedings and once awards have been rendered, it considered that the claimant’s delay in bringing its application meant that it should not exercise its discretion in this case. Instead, the court granted a limited anti-suit injunction in the form of an order preventing the defendant from relying on any judgment rendered in the parallel court litigation. This case confirms that the High Court has the power to grant a permanent anti-suit injunction, and clarifies the source of that power under Singaporean legislation.

The case further clarifies that the obligation on the parties not to commence court proceedings in breach of an arbitration agreement subsists even after the arbitration has concluded. It also provides useful guidance on service of proceedings in an overseas jurisdiction. (Hilton International Manage (Maldives) Pvt Ltd v Sun Travels & Tours Pvt Ltd [2018] SGHC 56, 14 March 2018.)