Anwar Siraj v Teo Hee Lai: Arbitrator's Withdrawal and Natural Justice
Anwar Siraj and another plaintiff commenced proceedings against Teo Hee Lai Building Construction Pte Ltd concerning disputes arising from a renovation contract. The plaintiffs appealed against the decision to allow an arbitrator, Mr. Chow Kok Fong, to withdraw from his appointment. The High Court dismissed the application, confirming that the arbitrator was validly discharged and finding no breach of natural justice in the proceedings.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application dismissed. The court confirmed the arbitrator was validly discharged.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding arbitrator's withdrawal. Court affirmed arbitrator's valid discharge, finding no breach of natural justice.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Anwar Siraj | Plaintiff, Appellant | Individual | Appeal Dismissed | Lost | |
| Teo Hee Lai Building Construction Pte Ltd | Defendant, Respondent | Corporation | Judgment Upheld | Won | Teo Hee Lai of Independent Practitioner |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Quentin Loh | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Teo Hee Lai | Independent Practitioner |
4. Facts
- Plaintiffs contracted with Defendant for renovation work on their property.
- Disputes arose, leading to arbitration.
- The initial arbitral award was set aside.
- A second arbitrator, Mr. Chow, was appointed.
- The Plaintiffs and Mr. Chow's relationship deteriorated.
- Mr. Chow applied to withdraw as arbitrator, citing loss of confidence.
- The Plaintiffs initially agreed to Mr. Chow's withdrawal.
5. Formal Citations
- Anwar Siraj and another v Teo Hee Lai Building Construction Pte Ltd, Originating Summons No 1200 of 2010, [2013] SGHC 200
- Ting Kang Chung John v Teo Hee Lai Building Constructions Pte Ltd and others, , [2010] 2 SLR 625
6. Timeline
| Date | Event |
|---|---|
| Contract signed between Plaintiffs and Defendant for renovation work. | |
| Arbitration commenced due to disputes. | |
| Plaintiffs challenged the arbitration award in OS 1807 of 2006. | |
| Plaintiffs commenced OS 1200 for appointment of another arbitrator. | |
| Consolidated originating summons heard. | |
| Judgment issued setting aside the arbitral award. | |
| Plaintiffs commenced OS 1179 for retrieval of documents. | |
| Court appointed Mr. Chow Kok Fong as Arbitrator. | |
| Hearing regarding retrieval of documents. | |
| Mr. Chow informed the court of his intention to apply for leave to be discharged as arbitrator. | |
| Mr. Chow wrote to the court setting out his reasons for applying for leave to be discharged as the appointed arbitrator. | |
| Court granted Mr. Chow's application to be discharged as arbitrator. | |
| Plaintiffs sent a letter requesting further argument with respect to OS 1179. | |
| Registry Notice for OS 1179. | |
| Hearing regarding OS 1179. | |
| Parties appeared before the court. | |
| Hearing where the Plaintiffs argued that Mr. Chow's application was merely an application for leave to apply for leave to be discharged. | |
| Chamber hearing where the court clarified that there was nothing to be done to 'regularise' the procedure. | |
| Decision date of the judgment. |
7. Legal Issues
- Arbitrator's Right to Withdraw
- Outcome: The court held that the arbitrator had good and justifiable cause to resign due to the acrimonious relationship with the Plaintiffs.
- Category: Substantive
- Sub-Issues:
- Good cause for resignation
- Impact of acrimonious relationship on arbitrator's impartiality
- Related Cases:
- [2009] SGHC 158
- Breach of Natural Justice
- Outcome: The court found no breach of natural justice, as the Plaintiffs were given notice and opportunity to be heard.
- Category: Procedural
- Sub-Issues:
- Joint hearing of originating summons
- Adequacy of notice
- Validity of Discharge
- Outcome: The court found that the arbitrator was validly discharged and any non-compliance with the Rules of Court was an irregularity that did not prejudice the Plaintiffs.
- Category: Procedural
- Sub-Issues:
- Compliance with Rules of Court
- Prejudice to parties
8. Remedies Sought
- Declaratory Judgment
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Arbitration
- Construction Law
- Commercial Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ting Kang Chung John v Teo Hee Lai Building Constructions Pte Ltd and others | High Court | Yes | [2010] 2 SLR 625 | Singapore | Cited for setting aside the initial arbitral award due to issues in the first arbitration. |
| K/S Norjarl A/S v Hyundai Heavy Industries Co Ltd | N/A | Yes | [1992] 1 QB 863 | N/A | Cited regarding the arbitrator's rights and obligations derived from contract and status. |
| Robertson Quay Investments Pte Ltd v Steen Consultants Pte Ltd | N/A | Yes | [2008] 2 SLR 623 | N/A | Cited for principles of causation and proof of damage. |
| Sunny Yap Boon Keng v Pacific Prince International Pte Ltd | N/A | Yes | [2009] 1 SLR 385 | N/A | Cited for principles of causation and proof of damage. |
| Hong Kiat Construction Pte Ltd v Ngiam Benjamin | High Court | Yes | [2009] SGHC 158 | Singapore | Cited regarding the sufficiency of a letter for an arbitrator's resignation. |
| Anwar Siraj and another v Attorney General | High Court | Yes | [2010] SGHC 36 | Singapore | Cited to comment on the misconceptions of the Plaintiffs. |
| Tan Yeow Khoon and another v Tan Yeow Tat and another | N/A | Yes | [1999] 3 SLR(R) 717 | N/A | Cited regarding the scope of 'liberty to apply' orders. |
| Koh Ewe Chee v Koh Hua Leong and another | N/A | Yes | [2002] 1 SLR(R) 943 | N/A | Cited regarding the scope of 'liberty to apply' orders. |
| Kamla Lal Hiranand v Lal Hiranand | N/A | Yes | [2003] 3 SLR(R) 198 | N/A | Cited regarding the scope of 'liberty to apply' orders. |
| Sinwa SS (HK) Co Ltd v Morten Innhaug | N/A | Yes | [2010] 4 SLR 1 | N/A | Cited regarding the court's liberal approach in correcting irregularities. |
13. Applicable Rules
| Rule Name |
|---|
| O 56 r 2(2) of the Rules of Court (Cap 322, R 5, 2006 Rev Ed) |
| O 45 r 9(1) of the Rules Of Court |
| O 2 r 1 of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Arbitration Act (Cap 10, 1985 Rev Ed) | Singapore |
| Arbitration Act (Cap 10, 2002 Rev Ed) | Singapore |
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Revised Edition) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Arbitration
- Arbitrator's Discharge
- Natural Justice
- Liberty to Apply
- Originating Summons
- Acrimonious Relationship
15.2 Keywords
- Arbitration
- Withdrawal
- Natural Justice
- Singapore
- Construction Dispute
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Arbitration | 75 |
| Building Contract | 65 |
| Construction Law | 60 |
| Breach of Contract | 50 |
| Architects | 45 |
| Contract Law | 40 |
| Renovation | 35 |
| Civil Procedure | 30 |
16. Subjects
- Arbitration
- Civil Procedure
- Contract Law