BYL v BYN: Setting Aside Application Costs in ICC Arbitration

In BYL and BYM v BYN, the Singapore International Commercial Court addressed the issue of costs following the dismissal of the Plaintiffs' application to set aside an International Chamber of Commerce (ICC) Partial Award. The court, presided over by Anselmo Reyes IJ, determined that the Plaintiffs should pay the Defendant's costs, assessing the reasonable amount to be S$82,500. The primary legal issue was the quantum of costs to be awarded to the successful party after an unsuccessful setting aside application.

1. Case Overview

1.1 Court

Singapore International Commercial Court

1.2 Outcome

Plaintiffs to pay Defendant's costs of S$82,500.

1.3 Case Type

Arbitration

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

The Singapore International Commercial Court addressed the costs of an unsuccessful application to set aside an ICC arbitration award, determining the reasonable costs payable by the Plaintiffs.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
BYLPlaintiffCorporationCosts to be paid to DefendantLost
BYMPlaintiffCorporationCosts to be paid to DefendantLost
BYNDefendantCorporationCosts awardedWon

3. Judges

Judge NameTitleDelivered Judgment
Anselmo ReyesInternational JudgeYes

4. Counsels

Counsel NameOrganization
Kabir SinghCavenagh Law LLP
Sivanathan JheevaneshCavenagh Law LLP
Davinder Singh SCCavenagh Law LLP
David FongCavenagh Law LLP
Tan Tian YiCavenagh Law LLP
Thio Shen Yi SCTSMP Law Corporation
Kevin ElbertTSMP Law Corporation
Niklas WongTSMP Law Corporation

4. Facts

  1. Plaintiffs applied to set aside an ICC Partial Award.
  2. The Deputy Registrar transferred the setting aside application to the SICC.
  3. The Defendant sought S$235,000 in costs, while the Plaintiffs argued for no more than S$15,000.
  4. The court considered the 'reasonable costs' standard under ROC Order 110, rule 46.
  5. The court assessed fees for TSMP, BBB, and AAA, as well as disbursements.
  6. The amount in dispute in the arbitration was INR 761 crores (approximately US$102 million).

5. Formal Citations

  1. BYL and another v BYN, Originating Summons No 9 of 2019, [2020] SGHC(I) 12

6. Timeline

DateEvent
Deputy Registrar transferred the Plaintiffs’ setting aside application to the Singapore International Commercial Court
Case management conference took place before Anselmo Reyes IJ
Plaintiffs’ solicitors estimated the Plaintiffs’ costs of the setting aside application
Judgment dismissing the Plaintiffs’ application to set aside an ICC Partial Award was issued
Written submissions on costs
Reply submissions on costs
Judgment reserved

7. Legal Issues

  1. Assessment of Costs
    • Outcome: The court assessed the Defendant's reasonable costs to be S$82,500.
    • Category: Procedural
    • Related Cases:
      • [2018] 4 SLR 38

8. Remedies Sought

  1. No remedies sought

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Arbitration
  • Commercial Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
CPIT Investments Ltd v Qilin World Capital Ltd and anotherSingapore Court of AppealYes[2018] 4 SLR 38SingaporeProvides guidance on applying the “reasonable costs” standard, especially in transfer cases.
BYL and another v BYNSingapore International Commercial CourtYes[2020] SGHC(I) 06SingaporeJudgment dismissing the Plaintiffs’ application to set aside an ICC Partial Award.
BXS v BXTSingapore High CourtYes[2019] 5 SLR 48SingaporeAppendix G and the reasonable costs approach in CPIT can serve as reality tests against which results obtained by employing one or the other method can be validated.
DyStar Global Holdings (Singapore) Pte Ltd v Kiri Industries Ltd and othersSingapore International Commercial CourtYes[2020] SGHC(I) 7SingaporeCited by the Plaintiffs to contend that S$235,000 was excessive by comparison with the costs awarded in DyStar.

13. Applicable Rules

Rule Name
Rules of Court (Cap 322, R 5, 2014 Rev Ed)
ROC Order 110 rule 46

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Setting Aside Application
  • International Chamber of Commerce
  • ICC Arbitration
  • Reasonable Costs
  • Appendix G
  • Singapore International Commercial Court

15.2 Keywords

  • arbitration
  • costs
  • SICC
  • setting aside
  • ICC

17. Areas of Law

Area NameRelevance Score
Costs90
International Commercial Arbitration80
Arbitration75
Setting aside application65
International Arbitration Act60
Civil Procedure50

16. Subjects

  • Arbitration
  • Costs
  • Civil Procedure