Mitsui v Easton Graham Rush: Injunction Against Arbitrator & Court's Power

Mitsui Engineering & Shipbuilding Co Ltd ("Mitsui") filed an originating summons in the High Court of Singapore seeking an injunction to restrain Mr. Graham Rush Easton and Keppel Engineering Pte Ltd (“Keppel”) from continuing arbitration proceedings, pending Mitsui's challenge of Mr. Easton as arbitrator and its application to set aside an interim award. Woo Bih Li J dismissed the application, holding that the court lacked jurisdiction to grant the injunction under the International Arbitration Act and the UNCITRAL Model Law, which mandates minimal court intervention in international arbitrations.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Plaintiff's application dismissed.

1.3 Case Type

Arbitration

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Mitsui sought an injunction to restrain an arbitrator. The court held it lacked jurisdiction to grant an injunction, emphasizing minimal court intervention.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Mitsui Engineering & Shipbuilding Co LtdPlaintiffCorporationApplication dismissedLost
Easton Graham RushDefendantIndividual
Keppel Engineering Pte LtdDefendantCorporation

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
Melvin SeeWong Partnership
Andre ManiamWong Partnership
Wong Meng MengWong Partnership
Sim Kwan KiatRajah and Tann
Quentin LohRajah and Tann

4. Facts

  1. Mitsui and Keppel were joint venture partners awarded contracts by the Port of Singapore Authority.
  2. Disputes arose and were referred to arbitration.
  3. Mr. Easton was appointed as the arbitrator.
  4. Mr. Easton issued a first interim award (FIA) on 26 December 2003.
  5. Mitsui was dissatisfied with the FIA, alleging it dealt with matters outside the scope of submission.
  6. Keppel made five applications as a result of the FIA.
  7. Mitsui challenged Mr. Easton's position as arbitrator and sought to set aside the FIA.

5. Formal Citations

  1. Mitsui Engineering & Shipbuilding Co Ltd v Easton Graham Rush, OS 108/2004, SIC 456/2004, [2004] SGHC 26

6. Timeline

DateEvent
Mr Easton issued the first interim award
Keppel made five applications as a result of the first interim award
Mitsui challenged Mr Easton's position as arbitrator
Mr Easton gave his views on the first interim award
Mr Easton vacated the first week’s hearing
Mr Easton gave directions on the conduct of the hearing for the remaining weeks
Originating summons and the Application were filed
Hearing before Mr Easton was to continue
Application dismissed with costs

7. Legal Issues

  1. Court's power to grant injunction restraining arbitrator
    • Outcome: The court held that it lacked the jurisdiction to grant the injunction.
    • Category: Jurisdictional

8. Remedies Sought

  1. Injunction to restrain arbitrator from continuing arbitration
  2. Restraining order against Keppel from further prosecuting arbitration

9. Cause of Actions

  • Application for Injunction

10. Practice Areas

  • Arbitration
  • Commercial Litigation

11. Industries

  • Engineering
  • Construction
  • Shipping

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Mitsui Engineering & Shipbuilding Co Ltd v Easton Graham RushHigh CourtYes[2004] SGHC 26SingaporeThis is the same case.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
International Arbitration Act (Cap 143A, 2002 Rev Ed)Singapore
Civil Law Act (Cap 43, 1999 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Injunction
  • Arbitration
  • Interlocutory order
  • UNCITRAL Model Law
  • International Arbitration Act
  • Court intervention
  • Arbitrator challenge
  • Setting aside award

15.2 Keywords

  • Arbitration
  • Injunction
  • Court Intervention
  • Singapore
  • International Arbitration Act
  • UNCITRAL Model Law

17. Areas of Law

Area NameRelevance Score
Arbitration90
International Arbitration85
International Arbitration Act80
Injunctions70
Jurisdiction60

16. Subjects

  • Arbitration
  • Civil Procedure
  • Injunctions