Holland Leedon Pte Ltd v Metalform Asia Pte Ltd
Jurisdiction | Singapore |
Judge | Philip Pillai J |
Judgment Date | 17 September 2010 |
Neutral Citation | [2010] SGHC 280 |
Published date | 22 September 2010 |
Date | 17 September 2010 |
Year | 2010 |
Hearing Date | 26 July 2010 |
Plaintiff Counsel | Sundaresh Menon SC, Sim Kwan Kiat, Farrah Salam (Rajah & Tann LLP) |
Citation | [2010] SGHC 280 |
Defendant Counsel | Chelva Rajah SC, Chew Kei-Jin and Moiz Haider Sithawalla (Tan Rajah & Cheah) |
Court | High Court (Singapore) |
Docket Number | Originating Summons No 1679 of 2007 |
This is the plaintiff’s application for leave to appeal against a summary determination of issues (“the Decision”) by the sole arbitrator in the arbitration between the parties in SIAC Arbitration No 069/DA17/05 (“the Arbitration”). The plaintiff, Holland Leedon (“the Vendor”), is the respondent in the Arbitration, while the defendant, Metalform Asia Pte Ltd (“the Purchaser”). The dispute between the parties relate to the interpretation of terms in an agreement between the parties for the sale and purchase of the Vendor’s business (“the SPA”).
Arbitration ActThe relevant statutory provision is s 49 of the Arbitration Act (Cap 10, 2002 Rev Ed) (“the Act”), the material part of which read as follows:
Appeal against award 49. —(1) A party to arbitration proceedings may (upon notice to the other parties and to the arbitral tribunal) appeal to the Court on a question of law arising out of an award made in the proceedings.
(2) Notwithstanding subsection (1), the parties may agree to exclude the jurisdiction of the Court under this section and an agreement to dispense with reasons for the arbitral tribunal’s award shall be treated as an agreement to exclude the jurisdiction of the Court under this section.
(3) An appeal shall not be brought under this section except-
- with the agreement of all other parties to the proceedings; or
- with the leave of the Court;
The present application turns on subsections (2), (5) and (6). I will deal with each in turn.
Section 49(2): exclusion of appellate jurisdictionThe Purchaser argued that the parties had agreed to exclude the appellate jurisdiction of the court granted by s 49(1) by virtue of cll 21.2, 21.6 and 21.7 of the SPA, which read as follows:
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