Acclaim Insurance Brokers v Navigator Investment Services: Stay of Proceedings & Arbitration
In Acclaim Insurance Brokers Pte Ltd v Navigator Investment Services Ltd, the High Court of Singapore heard an appeal by Navigator Investment Services against the dismissal of their application for a stay of proceedings in Originating Summons No 1830 of 2007, which was brought by Acclaim Insurance Brokers for pre-action discovery. The court, presided over by Choo Han Teck J, dismissed the appeal, finding that the registrar had not erred in exercising his discretion not to order a stay. The court also dismissed Navigator's late application to amend their summons to argue that the arbitration was an international arbitration.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Acclaim Insurance Brokers sought pre-action discovery against Navigator Investment Services. The court dismissed Navigator's appeal for a stay of proceedings.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Acclaim Insurance Brokers Pte Ltd | Plaintiff | Corporation | Won | Won | Oommen Mathew, John Thomas |
| Navigator Investment Services Ltd | Defendant | Corporation | Lost | Lost | Edmund Kronenburg, Vicki Loh |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Oommen Mathew | instructed |
| John Thomas | David Nayar and Vardan |
| Edmund Kronenburg | Tan Peng Chin LLC |
| Vicki Loh | Tan Peng Chin LLC |
4. Facts
- Acclaim Insurance Brokers and Navigator Investment Services had a contract for the promotion and distribution of financial products.
- Edward Wong and Stralos Services Pte Ltd sued Acclaim Insurance Brokers for unpaid commissions.
- Acclaim Insurance Brokers sought pre-action discovery against Navigator Investment Services, alleging conspiracy.
- Navigator Investment Services applied for a stay of proceedings due to an arbitration clause.
- Navigator Investment Services commenced arbitration proceedings, claiming they were not in breach of contract.
- Navigator Investment Services applied to amend their summons to argue that the arbitration was an international arbitration.
5. Formal Citations
- Acclaim Insurance Brokers Pte Ltd v Navigator Investment Services Ltd, OS 1830/2007, [2009] SGHC 12
6. Timeline
| Date | Event |
|---|---|
| Edward Wong and Stralos Services Pte Ltd sued the plaintiffs in Suit 781 of 2007. | |
| Plaintiffs filed Originating Summons No 1830 of 2007 seeking pre-action discovery against the defendants. | |
| Plaintiffs filed their defence to the Edward Wong suit. | |
| Defendants filed Summons No 130 of 2008 praying that Originating Summons be stayed. | |
| Defendants commenced Originating Summons No 53 of 2008 praying for an order restraining the plaintiffs from proceeding with Originating Summons No 1830 of 2007. | |
| Originating Summons No 53 of 2008 was heard; no orders were made on the prayers. | |
| Defendants issued a notice of arbitration under their contract with the plaintiffs. | |
| Mr Warren Khoo was appointed as arbitrator. | |
| Arbitrator fixed the filing of the Defence in the arbitration. | |
| Resumed hearing of the defendants summons (Summons 130 of 2008) before the registrar. | |
| Defendants applied to amend their summons in Summons 130 of 2008. | |
| Judgment reserved. |
7. Legal Issues
- Stay of Court Proceedings
- Outcome: The court dismissed the appeal for a stay of proceedings.
- Category: Procedural
- Pre-action Discovery
- Outcome: The court allowed the application for pre-action discovery to proceed.
- Category: Procedural
8. Remedies Sought
- Pre-action Discovery
- Stay of Proceedings
9. Cause of Actions
- Conspiracy
- Breach of Contract
10. Practice Areas
- Arbitration
- Commercial Litigation
11. Industries
- Finance
- Insurance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
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
- Arbitration
- Stay of proceedings
- Pre-action discovery
- International Arbitration Act
- Arbitration Act
15.2 Keywords
- Arbitration
- Stay of proceedings
- Pre-action discovery
- Singapore
- High Court
16. Subjects
- Arbitration
- Civil Procedure
17. Areas of Law
- Arbitration Law
- Civil Procedure