ABC Co v XYZ Co Ltd: Setting Aside Interim Arbitral Award - Amending Originating Motion

In ABC Co v XYZ Co Ltd, the High Court of Singapore addressed an application by ABC Co to amend an originating motion seeking to set aside an interim arbitral award. The court, presided over by Judith Prakash J, considered whether new grounds could be added to the motion after the expiration of the three-month period prescribed by Article 34 of the UNCITRAL Model Law. The court allowed the addition of one new ground that arose from substantially the same facts as the original grounds, but dismissed the application for all other proposed amendments. The court held that the matters enumerated in Article 34(2) and s 24 are statutorily created causes of action.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application to amend the originating motion was partially allowed. Leave was granted to add one new ground, but the application was dismissed for all other proposed amendments.

1.3 Case Type

Arbitration

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Application to amend originating motion to set aside an interim arbitral award. The court considered whether new grounds could be added after the limitation period.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
ABC CoApplicantCorporationApplication to amend originating motion partially allowedPartial
XYZ Co LtdRespondentCorporationApplication to amend originating motion partially dismissedPartial

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJudgeYes

4. Counsels

Counsel NameOrganization
VK RajahRajan & Tann
Allen ChoongRajan & Tann
Priya SelvamRajan & Tann
Alvin YeoWong Partnership
Tay Peng ChengWong Partnership

4. Facts

  1. An international arbitration was conducted in Singapore between ABC Co and XYZ Co Ltd.
  2. The arbitration was conducted according to the Rules of Conciliation and Arbitration of the International Chamber of Commerce.
  3. On 10 September 2001, an interim award was issued dismissing the claims of ABC Co and allowing the counterclaims of XYZ Co Ltd.
  4. On 10 October 2001, ABC Co applied to set aside the award.
  5. On 7 November 2002, ABC Co filed a summons seeking leave to amend the originating motion to add six new grounds for setting aside the award.
  6. The time period within which an application to set aside the Award could be made ended on 20 December 2001.

5. Formal Citations

  1. ABC Co v XYZ Co Ltd, OM 600027/2001, SIC 601646/2002, [2003] SGHC 107

6. Timeline

DateEvent
Arbitration started
Interim award issued by the arbitral tribunal
Applicants applied by way of originating motion for the award to be set aside
Assignment date
Time period within which an application to set aside the Award could be made ended
Order 69A of the Rules of Court 1996 was amended
Applicants filed summons in chambers seeking leave to amend the originating motion
Decision Date

7. Legal Issues

  1. Setting aside an interim arbitral award
    • Outcome: The court allowed the addition of one new ground that arose from substantially the same facts as the original grounds, but dismissed the application for all other proposed amendments.
    • Category: Substantive
    • Sub-Issues:
      • Adding new grounds to originating motion after expiry of prescribed period
  2. Amendment of originating motion
    • Outcome: The court applied O 20 r 5(2) and O 20 r 5(5) to determine whether the amendments should be allowed.
    • Category: Procedural

8. Remedies Sought

  1. Setting aside of the interim arbitral award

9. Cause of Actions

  • Application to set aside arbitral award

10. Practice Areas

  • Arbitration
  • Commercial Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Leong Mei Chuan v Chan Teck Hock, DavidHigh CourtYes[2001] 2 SLR 17SingaporeCited to distinguish the standard applied to amending a notice of appeal versus amending an originating motion to set aside an arbitration award.

13. Applicable Rules

Rule Name
Rules of Court (Cap 322, R 5, 1997 Rev Ed) O 20 r 5
Rules of Court 1996 O 69A

14. Applicable Statutes

Statute NameJurisdiction
International Arbitration Act (Cap 143A)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Interim award
  • Originating motion
  • Setting aside
  • Article 34 UNCITRAL Model Law
  • Limitation period
  • Amendment of originating motion
  • New grounds
  • Cause of action

15.2 Keywords

  • Arbitration
  • Setting aside
  • Amendment
  • Originating motion
  • UNCITRAL
  • Model Law

17. Areas of Law

Area NameRelevance Score
UNCITRAL Model Law95
Arbitration90
International Arbitration Act80
Civil Practice70
International Commercial Law60

16. Subjects

  • Arbitration
  • Civil Procedure