NCC International AB v Alliance Concrete: Interim Injunction & Arbitration
NCC International AB, the appellant, appealed against the High Court's refusal to grant an interlocutory mandatory injunction against Alliance Concrete Singapore Pte Ltd, the respondent, compelling them to supply ready-mixed concrete. The Court of Appeal of Singapore, comprising Andrew Phang Boon Leong JA and V K Rajah JA, dismissed the appeal, holding that NCC's conduct amounted to an abuse of process as they sought the injunction without a genuine intention to commence arbitration. The court clarified the circumstances in which it is appropriate for parties to an arbitration agreement to seek the assistance of the courts.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Court of Appeal clarifies when courts assist arbitration. NCC sought injunction for concrete supply; appeal dismissed due to abuse of process.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Alliance Concrete Singapore Pte Ltd | Respondent | Corporation | Won | Won | |
| NCC International AB | Appellant | Corporation | Appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Justice of Appeal | No |
| V K Rajah | Justice of Appeal | Yes |
4. Counsels
4. Facts
- Appellant was the main contractor for construction of underground train stations.
- Respondent was the supplier of ready-mixed concrete to the appellant.
- A dispute arose following Indonesia's ban on sand exports to Singapore.
- Appellant sought an interim injunction to compel respondent to supply concrete.
- Appellant did not take steps to commence arbitration.
- The High Court dismissed the application for the interim injunction.
5. Formal Citations
- NCC International AB v Alliance Concrete Singapore Pte Ltd, CA 47/2007, [2008] SGCA 5
- NCC International AB v Alliance Concrete Singapore Pte Ltd, , [2007] SGHC 64
6. Timeline
| Date | Event |
|---|---|
| Letter of Award and Concrete Contract signed | |
| Indonesian government decided to ban the export of sand to Singapore | |
| Respondent stopped supplying ready-mixed concrete to the appellant | |
| Appellant applied for an interlocutory mandatory injunction | |
| Hearing before the court | |
| Decision Date |
7. Legal Issues
- Court's power to grant interim injunctions pending arbitration
- Outcome: The court held that the appellant's conduct amounted to an abuse of process and dismissed the appeal.
- Category: Procedural
- Sub-Issues:
- Abuse of process
- Interim mandatory injunction
- Principles governing when court will make interim orders pending arbitration
- Outcome: The court clarified the circumstances in which it is appropriate for parties to an arbitration agreement to seek the assistance of the courts.
- Category: Procedural
- Whether special circumstances existed to justify granting interim mandatory injunction
- Outcome: The court found no special circumstances existed to justify granting the interim mandatory injunction.
- Category: Substantive
8. Remedies Sought
- Interlocutory Mandatory Injunction
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Arbitration
- Commercial Litigation
- Construction Law
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| NCC International AB v Alliance Concrete Singapore Pte Ltd | High Court | Yes | [2007] SGHC 64 | Singapore | Cited as the judgment under appeal. |
| Front Carriers Ltd v Atlantic & Orient Shipping Corp | High Court | Yes | [2006] 3 SLR 854 | Singapore | Cited for the principle that interim measures are aimed at assisting in the just conduct of arbitration or preservation of property. |
| Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd | House of Lords | Yes | [1993] AC 334 | England | Cited for the principle that interim measures should reinforce the arbitrator's powers and not encroach on them. |
| Cetelem SA v Roust Holdings Ltd | English Court of Appeal | Yes | [2005] 1 WLR 3555 | England | Cited for the principle that the court should exercise the power to grant interim mandatory injunctions very sparingly in the context of proposed arbitral proceedings. |
| Pathak v Tourism Transport Ltd | New Zealand High Court | Yes | [2002] 3 NZLR 681 | New Zealand | Cited for the principle that the court should act in aid of and assist the arbitral process by ordering interim measures of protection which an arbitral tribunal cannot order for practical or legal reasons. |
| Leviathan Shipping Co Ltd v Sky Sailing Overseas Co Ltd | Hong Kong Court of First Instance | Yes | [1998] 4 HKC 347 | Hong Kong | Cited for the principle that the court's jurisdiction to grant interim relief should be exercised sparingly and only where there are special reasons to utilise it. |
| Chee Siok Chin v Minister for Home Affairs | High Court | Yes | [2006] 1 SLR 582 | Singapore | Cited for the categories of proceedings that would amount to an abuse of process. |
| Gabriel Peter & Partners v Wee Chong Jin | High Court | Yes | [1998] 1 SLR 374 | Singapore | Cited for the principle that the categories of abuse of process are not closed. |
| Chin Bay Ching v Merchant Ventures Pte Ltd | High Court | Yes | [2005] 3 SLR 142 | Singapore | Cited for the principle that courts will only grant an interim mandatory injunction in clear cases where special circumstances exist. |
| Locabail International Finance Ltd v Agroexport | Court of Appeal | Yes | [1986] 1 WLR 657 | England | Cited for the principle that courts will only grant an interim mandatory injunction in clear cases where special circumstances exist. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Arbitration Act (Cap 10, 2002 Rev Ed) | Singapore |
| International Arbitration Act (Cap 143A, 2002 Rev Ed) | Singapore |
| Arbitration Act 1950 (c 27) (UK) | United Kingdom |
| Arbitration Act 1996 (c 23) (UK) | United Kingdom |
| Arbitration Act 1996 (NZ) | New Zealand |
| Arbitration Ordinance (Cap 341) | Hong Kong |
| Interpretation Act (Cap 1, 2002 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Interim Injunction
- Arbitration Agreement
- Abuse of Process
- Ready-Mixed Concrete
- Sand Export Ban
- Interim Mandatory Injunction
- Concrete Contract
- Specific Performance
15.2 Keywords
- arbitration
- injunction
- concrete
- construction
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Arbitration | 95 |
| Abuse of Process | 80 |
| Injunctions | 70 |
| Civil Practice | 60 |
| Jurisdiction | 40 |
| Contract Law | 30 |
| Breach of Contract | 30 |
| Construction Industry | 20 |
| Administrative Law | 10 |
16. Subjects
- Arbitration
- Civil Procedure
- Contract Law
- Construction Law