Strandore Invest A/S v Soh Kim Wat: Enforcement of Arbitration Award Dispute
In Strandore Invest A/S and others v Soh Kim Wat, the High Court of Singapore heard an application by Strandore Invest A/S, LKE Electric Europe A/S, and MS Invest Odense A/S to enforce an arbitration award against Soh Kim Wat. The court granted the applicants leave to enforce the Final Award and dismissed Soh's application for a stay of execution pending appeal. The dispute arose from alleged breaches of share sale and purchase agreements.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Leave granted to the Applicants to enforce their Final Award; Soh's application for a stay of execution was dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court granted leave to enforce an arbitration award against Soh Kim Wat, dismissing his stay application. The case involves a breach of share sale and purchase agreements.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Strandore Invest A/S | Applicant | Corporation | Leave to enforce Final Award granted | Won | |
| LKE Electric Europe A/S | Applicant | Corporation | Leave to enforce Final Award granted | Won | |
| MS Invest Odense A/S | Applicant | Corporation | Leave to enforce Final Award granted | Won | |
| Soh Kim Wat | Respondent | Individual | Application for stay of execution dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Quentin Loh | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| See Tow Soo Ling | Colin Ng & Partners |
| Leo Cheng Suan | Infinitus Law Corporation |
4. Facts
- Applicants are Danish companies and shareholders in LKE Electric (M) Sdn Bhd.
- Applicants entered into share sale and purchase agreements with Soh Kim Wat.
- Applicants alleged Soh breached the Agreements and failed to complete the purchase.
- An arbitration award was issued in favor of the Applicants by the Danish Institute of Arbitrators.
- Soh challenged the arbitration award in Danish courts, but his challenges were dismissed.
- Soh commenced a separate action in Singapore raising challenges against the Final Award.
- Soh did not nominate or appoint his arbitrator as required under the DIA rules.
5. Formal Citations
- Strandore Invest A/S and others v Soh Kim Wat, Originating Summons No 19 of 2010, [2010] SGHC 174
6. Timeline
| Date | Event |
|---|---|
| First two share sale and purchase agreements signed | |
| Third share sale and purchase agreement signed | |
| Letter of demand sent to Soh for payment of shares | |
| Soh's Malaysian solicitors replied to letter of demand | |
| Suit No 55 of 2006 filed and served on Soh | |
| Order for stay of Suit No 55 of 2006 obtained | |
| Arbitration commenced in Copenhagen | |
| Final Award issued | |
| Originating Summons No 999 of 2008 filed | |
| Leave to enforce Final Award granted | |
| Soh challenged the Final Award in the City Court, Denmark | |
| Orders obtained in OS 999/2008 set aside | |
| Soh’s challenge dismissed by the Danish City Court | |
| Soh filed an appeal against the judgment of the Danish City Court in the High Court of Denmark | |
| Soh commenced another action in Singapore, S 968/2009 | |
| Soh’s appeal to the High Court of Denmark was dismissed | |
| Applicants filed OS 19/2010 for leave to enforce the Final Award | |
| Mareva injunction issued against Soh | |
| Leave granted to the Applicants to enforce their Final Award | |
| Soh appealed against the decision | |
| Written grounds issued | |
| Soh's application for a stay of execution refused | |
| Soh appealed against the decision | |
| Grounds for refusing a stay set out |
7. Legal Issues
- Enforcement of Arbitration Award
- Outcome: The court granted leave to enforce the arbitration award.
- Category: Substantive
- Stay of Execution Pending Appeal
- Outcome: The court refused the stay of execution pending appeal.
- Category: Procedural
- Related Cases:
- [1999] 1 SLR(R) 1053
8. Remedies Sought
- Enforcement of Arbitration Award
- Monetary Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
- Arbitration
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lian Soon Construction Pte Ltd v Guan Qian Realty Pte Ltd | Court of Appeal | Yes | [1999] 1 SLR(R) 1053 | Singapore | Cited for the principles governing a stay of execution pending appeal. |
| Strandore Invest A/S and others v Soh Kim Wat | High Court | Yes | [2010] SGHC 151 | Singapore | Refers to the 14 May 2010 Decision for the full facts of the case and grounds for the decision. |
| The Annot Lyle | Court of Appeal | Yes | (1886) 1 P.D.114 | England | Cited for the principle that the court does not deprive a successful litigant of the fruits of his litigation pending an appeal. |
| Lee Sian Hee v Oh Kheng Soon | High Court | Yes | [1991] 2 SLR(R) 869 | Singapore | Applied the principle that the court does not deprive a successful litigant of the fruits of his litigation pending an appeal. |
| Lee Kuan Yew v Jeyaretnam J B | High Court | Yes | [1990] 1 SLR(R) 772 | Singapore | Cited for the principle that strong grounds for appeal is not by itself a reason for granting a stay. |
| Denis Matthew Harte v Dr Tan Hun Hoe & Gleneagles Hospital Ltd | High Court | Yes | [2001] SGHC 19 | Singapore | Cited for the principle that strong grounds for appeal is not by itself a reason for granting a stay. |
| Che Wan Development Sdn Bhd v Cooperative Central Bank Bhd | High Court | Yes | [1989] 3 MLJ 40 | Malaysia | Cited for the principle that special circumstances must go to the enforcement of the judgment and not to its validity or correctness. |
| Dr Kok Chee Min v Kan Choy Yoong & Ors | High Court | Yes | [1994] 3 MLJ 210 | Malaysia | Cited for the principle that special circumstances must go to the enforcement of the judgment and not to its validity or correctness. |
| Far Eastern Shipping Co v AKP Sovcomflot | N/A | Yes | [1995] 1 Lloyd’s Rep 520 | N/A | Cited for the observation that it would rarely be appropriate to order a stay in respect of a Convention award. |
| Denis Matthew Harte v Dr Tan Hun Hoe & Gleneagles Hospital Ltd | High Court | Yes | [2001] SGHC 19 | Singapore | Cited for the principle that the mere fact that the Applicants resided out of the jurisdiction or are foreign companies and it would be inconvenient or expensive to seek recovery outside the jurisdiction was not, of itself, a special circumstance warranting a stay. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R5, 2006 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| International Arbitration Act (Cap 143A, 2002 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Arbitration Award
- Share Sale and Purchase Agreement
- Stay of Execution
- Enforcement Proceedings
- International Arbitration Act
- Danish Institute of Arbitrators
15.2 Keywords
- arbitration
- enforcement
- stay of execution
- contract
- share purchase
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Arbitration | 90 |
| International Arbitration Law | 85 |
| Stay of Execution | 80 |
| Enforcement of Foreign Judgments | 75 |
| Breach of Contract | 60 |
| Contract Law | 60 |
| Asset Recovery | 50 |
| Commercial Law | 40 |
| Commercial Disputes | 40 |
| Appeal | 30 |
16. Subjects
- Arbitration
- Contract Law
- Civil Procedure