Bovis Lend Lease v Jay-Tech Marine: Ad Hoc Arbitration & Appointing Authority Dispute
Bovis Lend Lease Pte Ltd and Jay-Tech Marine & Projects Pte Ltd were in dispute over an arbitration agreement. Bovis sought declarations that the arbitrator should be appointed by the Institute of Architects in Singapore and that Jay-Tech Marine's Notice of Arbitration to the Singapore International Arbitration Centre (SIAC) was in breach of the subcontract. Jay-Tech Marine sought orders determining whether the arbitration was to be administered by the SIAC or ad hoc. The High Court of Singapore held that the arbitration was an ad hoc arbitration, the arbitrator should be appointed by the Singapore Institute of Architects, and Jay-Tech Marine's notice to the SIAC was invalid.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Declarations made in favour of Bovis Lend Lease Pte Ltd.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Dispute over whether arbitration should be administered by SIAC or ad hoc. Court declared ad hoc arbitration with arbitrator appointed by Institute of Architects.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Bovis Lend Lease Pte Ltd | Plaintiff, Defendant | Corporation | Declarations made in favour of Bovis Lend Lease Pte Ltd | Won | |
| Jay-Tech Marine & Projects Pte Ltd | Defendant, Plaintiff | Corporation | Orders made against Jay-Tech Marine & Projects Pte Ltd | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
4. Facts
- Bovis appointed Jay-Tech Marine as a subcontractor for structural steel works.
- A dispute arose over Jay-Tech Marine's claim for $755,729.98 for additional works.
- The subcontract contained an arbitration clause.
- Jay-Tech Marine issued a Notice of Arbitration to the SIAC.
- Bovis contended that the arbitration should be ad hoc and the arbitrator appointed by the Institute of Architects.
- A security deposit of $2,000 was paid to the Singapore Institute of Architects.
5. Formal Citations
- Bovis Lend Lease Pte Ltd v Jay-Tech Marine & Projects Pte Ltd and Another Application, OS 77/2005, 166/2005, [2005] SGHC 91
6. Timeline
| Date | Event |
|---|---|
| Subcontract No 2057 signed between Bovis and Jay-Tech Marine. | |
| Dispute arose over Jay-Tech Marine's claim for $755,729.98. | |
| Jay-Tech Marine's solicitors gave notice of dispute to Bovis' solicitors. | |
| Jay-Tech Marine gave notice of arbitration to the Singapore International Arbitration Centre. | |
| Jay-Tech Marine invited Bovis to confirm referral to arbitration under the Singapore Institute of Architects. | |
| Bovis required Jay-Tech Marine to withdraw the SIAC notice. | |
| Bovis informed Jay-Tech Marine that an application to court would be taken out. | |
| Singapore Institute of Architects sent a letter regarding arbitrator's fees. | |
| Judgment issued. |
7. Legal Issues
- Administration of Arbitration
- Outcome: The court declared that the arbitration was an ad hoc arbitration.
- Category: Substantive
- Sub-Issues:
- Institutional arbitration
- Ad hoc arbitration
- Appointing Authority
- Outcome: The court declared that the arbitrator should be appointed by the Singapore Institute of Architects.
- Category: Substantive
- Validity of Notice of Arbitration
- Outcome: The court declared that the notice given by Jay-Tech Marine to the SIAC was not a valid invocation of the arbitration agreement.
- Category: Procedural
8. Remedies Sought
- Declarations
- Determination of applicable rules for arbitration
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Arbitration
- Construction Law
- Commercial Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Jurong Engineering Ltd v Black & Veatch Singapore Pte Ltd | High Court | Yes | [2004] 1 SLR 333 | Singapore | Cited for the principle of party autonomy in arbitration law. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Arbitration Act (Cap 10, 2002 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Arbitration
- Ad hoc arbitration
- Institutional arbitration
- Appointing authority
- Singapore International Arbitration Centre
- Singapore Institute of Architects
- Domestic Rules
- Subcontract
15.2 Keywords
- Arbitration
- Construction
- Singapore
- SIAC
- Institute of Architects
- Ad hoc
- Bovis
- Jay-Tech
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Arbitration | 95 |
| Contract Law | 70 |
| International Commercial Arbitration | 60 |
| Construction Contracts | 50 |
16. Subjects
- Arbitration
- Contract Law
- Construction Law