Siemens AG v Holdrich Investment Ltd: Forum Conveniens and Service Out of Jurisdiction

Siemens AG appealed against the decision to grant Holdrich Investment Ltd leave to serve originating process out of jurisdiction. The Court of Appeal of Singapore, comprising Chao Hick Tin JA and Andrew Phang Boon Leong JA, dismissed the appeal, holding that Singapore was the forum conveniens for the dispute arising from a consultancy agreement. The main issue was whether Holdrich was entitled to commission when contracts are concluded with members of the Siemens group other than Siemens AG itself.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding leave to serve originating process out of jurisdiction. The court dismissed the appeal, finding Singapore was the forum conveniens.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Holdrich Investment LtdRespondent, PlaintiffCorporationLeave for Service Out of Jurisdiction GrantedWon
Siemens AGAppellant, DefendantCorporationAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Chao Hick TinJustice of AppealYes
Andrew Phang Boon LeongJustice of AppealNo

4. Counsels

Counsel NameOrganization
N SreenivasanStraits Law Practice LLC
Collin ChooStraits Law Practice LLC
Gregory VijayendranRajah & Tann LLP
Sung JingyinRajah & Tann LLP

4. Facts

  1. Siemens AG and Holdrich Investment Ltd entered into a consultancy agreement.
  2. The consultancy agreement was governed by Singapore law.
  3. Holdrich claimed commission for securing a contract between two Indonesian entities.
  4. The main issue was whether the agreement extended to contracts obtained by members of the Siemens group.
  5. Siemens AG argued that the agreement did not extend to contracts obtained by other members of the Siemens group.
  6. Siemens AG intended to call ex-employees located in Germany as witnesses.
  7. German public prosecutors were investigating Siemens AG in relation to possibly illegal agreements including the Consultancy Agreement.

5. Formal Citations

  1. Siemens AG v Holdrich Investment Ltd, Civil Appeal No 100 of 2009, [2010] SGCA 23

6. Timeline

DateEvent
Consultancy Agreement entered into
Civil Appeal No 100 of 2009
Judgment issued

7. Legal Issues

  1. Forum Conveniens
    • Outcome: The court held that Singapore was the forum conveniens.
    • Category: Procedural
    • Sub-Issues:
      • Burden of proof in establishing forum conveniens
      • Weight to be given to choice of law clause
  2. Service Out of Jurisdiction
    • Outcome: The court granted leave for service out of jurisdiction.
    • Category: Procedural

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation
  • International Litigation

11. Industries

  • Telecommunications

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Holdrich Investment Ltd v Siemens AGHigh CourtYes[2010] 1 SLR 1237SingaporeThe decision from which this appeal arose.
Spiliada Maritime Corporation v Cansulex LtdHouse of LordsYes[1987] AC 460England and WalesCited as the locus classicus on the issue of forum conveniens and the burden of proof.
Peters Roger May v Pinder Lillian Gek LianHigh CourtYes[2006] 2 SLR(R) 381SingaporeCited regarding the use of video-link technology and the reduced importance of the physical location of witnesses.
Rickshaw Investments Ltd and another v Nicolai Baron von UexkullHigh CourtYes[2007] 1 SLR(R) 377SingaporeCited regarding the importance of the choice of law in determining forum conveniens.
John Reginald Stott Kirkham and others v Trane US Inc and othersHigh CourtYes[2009] 4 SLR(R) 428SingaporeCited regarding the principle that a Singapore court should apply Singapore law.
Macsteel Commercial Holdings (Pty) Ltd & Anor v Thermasteel V (Canada) Inc & AnorCourt of AppealYes[1996] CLC 1403England and WalesCited to contrast the weight of choice of law when other connecting factors are strong.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court (Cap 322, R 5, 2006 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Forum Conveniens
  • Service Out of Jurisdiction
  • Consultancy Agreement
  • Governing Law
  • Connecting Factors

15.2 Keywords

  • Forum Conveniens
  • Service Out of Jurisdiction
  • Contract Law
  • Singapore Law
  • Choice of Law

17. Areas of Law

Area NameRelevance Score
Forum conveniens90
Contract Law80
Jurisdiction75
Service out of jurisdiction70
Civil Procedure65
Choice of Law60
International Commercial Law60

16. Subjects

  • Civil Procedure
  • Contract Law
  • Conflict of Laws