Kempinski Hotels SA v PT Prima International Development: Setting Aside of Arbitration Award

In a judgment delivered on 19 July 2011, the High Court of Singapore, with Judith Prakash J presiding, allowed the application by Kempinski Hotels SA to set aside the fourth interim award dated 20 October 2008 made by the arbitrator in arbitration proceedings between Kempinski Hotels SA and PT Prima International Development. The court's decision was based on reasons detailed in a related judgment.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application allowed with costs.

1.3 Case Type

Arbitration

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

The High Court allowed Kempinski Hotels SA's application to set aside an arbitration award against PT Prima International Development. The decision was based on reasons detailed in a related judgment.

1.7 Decision Date

18 July 2011

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
PT Prima International Development	Respondent, Defendant	Corporation	Application Dismissed	Lost	Nicholas Narayanan of Nicholas & Tan Partnership LLP Jeffrey Ong of Nicholas & Tan Partnership LLP
Kempinski Hotels SA	Applicant, Claimant	Corporation	Application Allowed	Won	Jensen Chow of Rajah & Tann LLP Adrian Wong of Rajah & Tann LLP Andrea Baker of Rajah & Tann LLP

3. Judges

Judge Name	Title	Delivered Judgment
Judith Prakash	J	Yes

4. Counsels

Counsel Name	Organization
Nicholas Narayanan	Nicholas & Tan Partnership LLP
Jeffrey Ong	Nicholas & Tan Partnership LLP
Jensen Chow	Rajah & Tann LLP
Adrian Wong	Rajah & Tann LLP
Andrea Baker	Rajah & Tann LLP

4. Facts

Kempinski Hotels SA applied to set aside three arbitration awards.
The application concerned the fourth interim award dated 20 October 2008.
The court's decision was based on reasons set out in OS 903 ([2011] SGHC 171).

5. Formal Citations

Kempinski Hotels SA v PT Prima International Development, Originating Summons No 121 of 2009, [2011] SGHC 172

6. Timeline

Date	Event
2002-01-01	SIAC Arbitration No 37/2002 commenced
2008-05-20	Third interim award made by the Arbitrator
2008-10-20	Fourth interim award made by the Arbitrator
2009-01-29	Applicant filed proceedings
2009-04-15	Award made by the Arbitrator
2011-07-19	Judgment reserved

7. Legal Issues

Setting Aside of Arbitration Award
- Outcome: The court allowed the application to set aside the arbitration award.
- Category: Substantive

8. Remedies Sought

Setting Aside of Arbitration Award

9. Cause of Actions

Setting Aside of Arbitration Award

10. Practice Areas

Arbitration

11. Industries

Hospitality

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
Originating Summons No 903 of 2008	High Court	Yes	[2011] SGHC 171	Singapore	The reasons set out in the judgment in OS 903 were the basis for setting aside the Fourth Award.

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 Award
Setting Aside
Interim Award

15.2 Keywords

Arbitration
Setting Aside
Kempinski Hotels
PT Prima International Development

17. Areas of Law

Area Name	Relevance Score
Setting Aside Arbitral Award	90
Arbitration	75
International Commercial Arbitration	60

16. Subjects

Arbitration