Northern Elevator v United Engineers: Appeal Against Arbitration Award Leave

In a dispute between Northern Elevator Manufacturing Sdn Bhd (NEM) and United Engineers (Singapore) Pte Ltd (United Engineers) arising from a building construction contract, NEM appealed against the High Court's decision to grant United Engineers leave to appeal an arbitration award. The Court of Appeal, comprising Chao Hick Tin JA, Judith Prakash J, and Yong Pung How CJ, dismissed United Engineers' application to set aside NEM's notice of appeal, finding no abuse of process and that NEM's appeal was procedurally correct under the applicable Arbitration Act.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Application dismissed with costs.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Northern Elevator Manufacturing's appeal against the decision to grant United Engineers leave to appeal an arbitration award. Court dismissed the application.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
United Engineers (Singapore) Pte LtdRespondentCorporationApplication allowedWon
Northern Elevator Manufacturing Sdn BhdAppellantCorporationApplication dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Chao Hick TinJustice of AppealYes
Judith PrakashJudgeYes
Yong Pung HowChief JusticeYes

4. Counsels

Counsel NameOrganization
Mary OngHoh Law Corporation
C R RajahHoh Law Corporation
Christine WeeHoh Law Corporation
Monica NeoChanTan LLC

4. Facts

  1. United Engineers and NEM were parties to a building construction contract.
  2. Disputes arose under the contract and were referred to arbitration.
  3. The arbitrator found NEM to be at fault.
  4. The arbitrator awarded United Engineers certain sums as damages.
  5. United Engineers was dissatisfied with the quantum of damages.
  6. United Engineers filed a motion in the High Court for leave to appeal against the award.
  7. Justice Lai granted United Engineers leave to appeal against the award.

5. Formal Citations

  1. Northern Elevator Manufacturing Sdn Bhd v United Engineers (Singapore) Pte Ltd, CA 57/2003, NM 65/2003, [2003] SGCA 41

6. Timeline

DateEvent
Arbitrator found NEM at fault.
Arbitrator issued an interim award.
United Engineers filed a motion in the High Court for leave to appeal against the award.
Justice Lai granted United Engineers leave to appeal against the award.
NEM filed a notice of motion for leave to appeal against Justice Lai’s decision.
NEM filed their notice of appeal.
Court of Appeal dismissed the application.

7. Legal Issues

  1. Abuse of Process
    • Outcome: The court found that there was no abuse of process in this case.
    • Category: Procedural
  2. Compliance with Arbitration Act
    • Outcome: The court held that the notice of appeal was filed within time and was procedurally correct, and there was no basis in the legislation for the notice of appeal to be set aside and the appeal struck out.
    • Category: Procedural
    • Related Cases:
      • [2000] 2 SLR 609

8. Remedies Sought

  1. Setting aside of Notice of Appeal

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation
  • Arbitration

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Hong Huat Development Co (Pte) Ltd v Hiap Hong & Co Pte LtdCourt of AppealYes[2000] 2 SLR 609SingaporeCited to support the argument that the requirement for leave under section 28(7)(a) of the Arbitration Act applies only to a decision on an appeal and not to the decision on the original application to the High Court for leave to appeal against the award.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Arbitration Act (Cap 10, 1985 Ed) s 28(7)Singapore
Arbitration Act (Cap 10, 1985 Ed)Singapore
Arbitration Act 2001 (Act 37 of 2001)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Arbitration Award
  • Leave to Appeal
  • Abuse of Process
  • Interim Award
  • Notice of Appeal

15.2 Keywords

  • Arbitration
  • Appeal
  • Civil Procedure
  • Singapore
  • Construction

17. Areas of Law

Area NameRelevance Score
Civil Procedure90
Arbitration75
Contract Law40
Construction30
Asset Recovery10

16. Subjects

  • Arbitration
  • Civil Procedure
  • Appeals