Exxonmobil v Bombay Dyeing: Forum Non Conveniens & Stay of Proceedings in Contract Dispute
Exxonmobil Asia Pacific Pte Ltd, a Singapore company, sued Bombay Dyeing & Manufacturing Co Ltd, an Indian company, in the Singapore High Court for breach of contract. Bombay Dyeing applied for a stay of proceedings, arguing that India was a more appropriate forum. The High Court dismissed the application, finding that Singapore was the appropriate forum given the contract's governing law clause and Bombay Dyeing's failure to demonstrate that Indian witnesses were unwilling to testify in Singapore.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court dismisses Bombay Dyeing's appeal for stay of proceedings, finding Singapore the appropriate forum for contract dispute with Exxonmobil.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Exxonmobil Asia Pacific Pte Ltd | Plaintiff, Respondent | Corporation | Appeal dismissed | Won | |
| Bombay Dyeing & Manufacturing Co Ltd | Defendant, Appellant | Corporation | Application for stay of proceedings dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Lee Meng | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Paul Sandosham | Wong Partnership |
| Sung Jingyin | Wong Partnership |
| Lai Swee Fung | UniLegal LLC |
4. Facts
- Exxonmobil, a Singapore company, contracted to sell paraxylene to Bombay Dyeing, an Indian company.
- Bombay Dyeing claimed it could not take delivery due to problems with its DMT plant.
- Bombay Dyeing alleged fraud and misrepresentation regarding the contract price.
- Exxonmobil rejected Bombay Dyeing's allegations and sold the paraxylene to another party at a loss.
- Exxonmobil sued Bombay Dyeing for breach of contract to recover damages.
- Bombay Dyeing applied for a stay of proceedings based on forum non conveniens.
5. Formal Citations
- Exxonmobil Asia Pacific Pte Ltd v Bombay Dyeing & Manufacturing Co Ltd, Suit 120/2007, RA 151/2007, [2007] SGHC 137
6. Timeline
| Date | Event |
|---|---|
| Exxonmobil and Bombay Dyeing concluded a contract for the sale of paraxylene. | |
| Bombay Dyeing informed Exxonmobil of problems with its process air compressor. | |
| Bombay Dyeing alleged fraud and misrepresentation and sought to repudiate the contract. | |
| Exxonmobil rejected Bombay Dyeing's allegations and repudiation. | |
| Exxonmobil informed Bombay Dyeing of its loss due to breach of contract. | |
| Exxonmobil instituted a suit against Bombay Dyeing. | |
| Bombay Dyeing's application to stay proceedings was dismissed by AR Tay. | |
| Appeal dismissed |
7. Legal Issues
- Stay of Proceedings
- Outcome: The court dismissed the appeal, affirming the decision to deny the stay of proceedings.
- Category: Procedural
- Sub-Issues:
- forum non conveniens
- Related Cases:
- [1987] AC 460
- [1992] 2 SLR 776
- [2007] 1 SLR 377
- [1988] AC 92
- [2006] 2 SLR 381
8. Remedies Sought
- Monetary Damages
- Interest
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- Petrochemicals
- Textiles
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Spiliada Maritime Corporation v Cansulex Ltd | House of Lords | Yes | [1987] AC 460 | England and Wales | Cited for the principle of forum non conveniens in stay of proceedings applications. |
| Brinkerhoff Maritime Drilling Corp and Another v PT Airfast Services Indonesia and Another Appeal | Court of Appeal | Yes | [1992] 2 SLR 776 | Singapore | Endorsed the view of Lord Goff in Spiliada Maritime Corporation v Cansulex Ltd regarding stay of proceedings on the ground of forum non conveniens. |
| Rickshaw Investments Ltd and Another v Nicolai Baron von Uexkull | Court of Appeal | No | [2007] 1 SLR 377 | Singapore | Cited to highlight the importance of the location and compellability of witnesses in forum non conveniens applications, and that much depends on whether the main disputes revolve around questions of fact. |
| De Dampierre v De Dampierre | House of Lords | No | [1988] AC 92 | England and Wales | Cited for the principle that the existence of foreign proceedings may be relevant to the inquiry of stay of proceedings. |
| Peters Roger May v Pinder Lilian Gek Lian | High Court | Yes | [2006] 2 SLR 381 | Singapore | Endorsed the view in De Dampierre v De Dampierre that the existence of foreign proceedings may be relevant to the inquiry of stay of proceedings. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Paraxylene
- DMT plant
- Force majeure
- Forum non conveniens
- Stay of proceedings
- Breach of contract
15.2 Keywords
- forum non conveniens
- stay of proceedings
- breach of contract
- paraxylene
- exxonmobil
- bombay dyeing
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Breach of Contract | 90 |
| Contract Law | 85 |
| Forum Non Conveniens | 85 |
| Commercial Law | 80 |
| Civil Practice | 75 |
| Jurisdiction | 70 |
| Misrepresentation | 60 |
| International Price Range | 30 |
16. Subjects
- Civil Procedure
- Contract Law
- Conflict of Laws
- Forum Non Conveniens