Rappo v Accent Delight: Forum Non Conveniens, Stay of Proceedings & Conflict of Laws
The Singapore Court of Appeal heard appeals by Tania Rappo, Yves Charles Edgar Bouvier, and MEI Invest Limited against Accent Delight International Ltd and Xitrans Finance Ltd, concerning a stay of proceedings in Singapore. The court, led by Sundaresh Menon CJ, allowed the appeals, finding Switzerland to be a more appropriate forum for the dispute, which centers on the relationship between Mr. Bouvier and Mr. Rybolovlev regarding an art collection. The court addressed issues of forum non conveniens, lis alibi pendens, and the relevance of the Singapore International Commercial Court (SICC).
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore Court of Appeal grants stay of proceedings in favor of Switzerland as a more appropriate forum, addressing forum non conveniens.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Xitrans Finance Ltd | Respondent, Plaintiff | Corporation | Appeal Dismissed | Lost | |
| Tania Rappo | Appellant, Applicant, Defendant | Individual | Appeal Allowed | Won | |
| Yves Charles Edgar Bouvier | Appellant, Applicant, Defendant | Individual | Appeal Allowed | Won | |
| MEI Invest Limited | Appellant, Applicant, Defendant | Corporation | Appeal Allowed | Won | |
| Accent Delight International Ltd | Respondent, Plaintiff | Corporation | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Chao Hick Tin | Judge of Appeal | No |
| Andrew Phang Boon Leong | Judge of Appeal | No |
4. Counsels
4. Facts
- Mr. Bouvier and Mr. Rybolovlev had a decade-long business relationship involving art transactions.
- Ms. Rappo introduced Mr. Bouvier to Mr. Rybolovlev.
- Accent and Xitrans are companies held by the Rybolovlev family trusts.
- Written sale agreements initially governed transactions, later replaced by invoices.
- Mr. Bouvier moved to Singapore in 2009.
- Mr. Rybolovlev moved to Monaco in 2011.
- Disputes arose regarding the prices of artworks purchased by Mr. Rybolovlev.
- Criminal proceedings were initiated against Mr. Bouvier in Monaco.
5. Formal Citations
- Rappo, TaniavAccent Delight International Ltd and another and another appeal, Civil Appeal No 110 of 2016, [2017] SGCA 27
6. Timeline
| Date | Event |
|---|---|
| Mr. Rybolovlev informed Ms. Rappo of his desire to create a private art collection. | |
| Ms. Rappo formally introduced Mr. Bouvier to Mr. Rybolovlev in Geneva. | |
| First written sale and purchase agreement was entered into. | |
| Mr. Sazonov has been working for the Rybolovlev family trusts since 2005. | |
| Last of the first four written agreements was dated. | |
| Mr. Rybolovlev faced possible seizures of his properties in Switzerland. | |
| Elena commenced divorce proceedings against Mr. Rybolovlev in Switzerland. | |
| Mr. Bouvier moved to Singapore from Geneva. | |
| Mr. Rybolovlev moved to Monaco. | |
| The New York Times published an article about the da Vinci painting. | |
| Mr. Rybolovlev met Mr. Sanford Heller, an art advisor. | |
| Ms. Tetiana Bersheda made a criminal complaint to the General Prosecutor of the Principality of Monaco. | |
| Mr. Bouvier and Ms. Rappo were arrested by the Monegasque police. | |
| The Respondents commenced Suit No 236 of 2015 in Singapore against the Appellants. | |
| The Appellants applied unsuccessfully to the Judge to set aside those orders. | |
| The Judge dismissed both applications. | |
| Date of first hearing. | |
| Judgment reserved. |
7. Legal Issues
- Forum Non Conveniens
- Outcome: The court found that Switzerland was a clearly or distinctly more appropriate forum than Singapore.
- Category: Procedural
- Sub-Issues:
- Appropriateness of alternative forum
- Availability of alternative forum
- Connecting factors to competing jurisdictions
- Lis Alibi Pendens
- Outcome: The court did not make a determination on this issue.
- Category: Procedural
- Sub-Issues:
- Concurrent proceedings in different jurisdictions
- Risk of conflicting findings
- Governing Law
- Outcome: The court determined that Swiss law likely governed the relationship between the parties.
- Category: Substantive
- Sub-Issues:
- Choice of law clauses
- Closest and most real connection
8. Remedies Sought
- Monetary Damages
- Mareva Injunctions
- Ancillary Disclosure Orders
9. Cause of Actions
- Breach of Fiduciary Duty
- Fraudulent Misrepresentation
- Tort of Deceit
- Dishonest Assistance
- Knowing Receipt
- Conspiracy to Wrongfully Cause Loss
10. Practice Areas
- International Litigation
- Commercial Litigation
11. Industries
- Art
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Virsagi Management (S) Pte Ltd v Welltech Construction Pte Ltd | Singapore Court of Appeal | Yes | [2013] 4 SLR 1097 | Singapore | Cited as authority that concurrent pursuit of a lis alibi pendens is generally considered objectionable because it is vexatious and oppressive for the defendant. |
| Yusen Air & Sea Service (S) Pte Ltd v KLM Royal Dutch Airlines | Singapore Court of Appeal | Yes | [1999] 2 SLR(R) 955 | Singapore | Cited to support the argument that the doctrines of forum election and forum non conveniens offer alternative and not cumulative remedies. |
| Rickshaw Investments Ltd v Nicolai Baron von Uexkull | Singapore Court of Appeal | Yes | [2007] 1 SLR(R) 377 | Singapore | Approved and applied the principles laid out in Spiliada Maritime Corporation v Cansulex Ltd [1987] AC 460. |
| Spiliada Maritime Corporation v Cansulex Ltd | House of Lords | Yes | [1987] AC 460 | England and Wales | Established the principles for determining forum non conveniens, which were approved and applied by the court. |
| JIO Minerals FZC v Mineral Enterprises Ltd | Singapore High Court | Yes | [2011] 1 SLR 391 | Singapore | Identified five incidences relevant to determining the natural forum: personal connections, connections to relevant events, applicable law, existence of proceedings elsewhere, and the shape of the litigation. |
| La Société du Gaz de Paris v La Société Anonyme de Navigation “Les Armateurs Français” | House of Lords | Yes | (1926) Sess Cas (HL) 13 | United Kingdom | Cited for the principle that the object of 'forum non conveniens' is to find the forum which is the more suitable for the ends of justice. |
| Pacific Recreation Pte Ltd v S Y Technology Inc and another appeal | Singapore Court of Appeal | Yes | [2008] 2 SLR(R) 491 | Singapore | Explained the established approach to determining the governing law of a contract. |
| Brinkerhoff Maritime Drilling Corp v PT Airfast Services Indonesia | Singapore High Court | Yes | [1992] 2 SLR(R) 345 | Singapore | Cited for the principle that a case may be tried more suitably in the interests of all the parties and the ends of justice in another more appropriate forum. |
| Koh Kay Yew v Inno-Pacific Holdings Ltd | Singapore Court of Appeal | Yes | [1997] 2 SLR(R) 148 | Singapore | Cited for the approach in determining whether to grant an anti-suit injunction. |
| Sharab v Al-Saud | England and Wales Court of Appeal (Civil Division) | Yes | [2009] EWCA Civ 353 | England and Wales | Discussed the relevance of an undertaking by a defendant to submit to the jurisdiction of a foreign court given during the appeal. |
| Good Earth Agricultural Co Ltd v Novus International Pte Ltd | Singapore Court of Appeal | Yes | [2008] 2 SLR(R) 711 | Singapore | Cited for the principle that a court will be very slow to pass judgment on the quality of justice obtainable in a foreign court. |
| Yeoh Poh San and another v Won Siok Wan | Singapore High Court | Yes | [2002] SGHC 196 | Singapore | Cited for the principle that it is sufficient for the court to form a prima facie view of the governing law of the dispute. |
| Bouvier, Yves Charles Edgar and another v Accent Delight International Ltd and another and another appeal | Singapore Court of Appeal | Yes | [2015] 5 SLR 558 | Singapore | The court heard and allowed the appeals, discharging the injunctions and orders made by the Judge. |
| Accent Delight International Ltd and another v Bouvier, Yves Charles Edgar and others | Singapore High Court | Yes | [2016] 2 SLR 841 | Singapore | The Judge dismissed both applications. |
| Rotary Engineering Ltd and others v Kioumji & Eslim Law Firm and another and another appeal and other matters | Singapore Court of Appeal | Yes | [2017] SGCA 24 | Singapore | Since a court which grants a stay remains seised of the proceedings and may in principle lift the stay at a later date. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Swiss Federal Act on Private International Law | Switzerland |
15. Key Terms and Keywords
15.1 Key Terms
- Forum Non Conveniens
- Lis Alibi Pendens
- Governing Law
- Choice of Law
- International Commercial Court
- SICC
- Art Collection
- Freeport
- Agency
- Fiduciary Duty
15.2 Keywords
- Forum Non Conveniens
- Conflict of Laws
- Stay of Proceedings
- Singapore Court of Appeal
- Switzerland
- Art Collection
- International Litigation
17. Areas of Law
16. Subjects
- Conflict of Laws
- Civil Procedure
- Forum Non Conveniens
- International Commercial Law