CBX v CBZ: Appeal on Costs in SICC Arbitration Setting Aside Proceedings
CBX and CBY appealed against the costs judgment in favor of CBZ, CCA, and CCB, following a decision in the Singapore International Commercial Court (SICC) regarding the setting aside of arbitration awards. The Court of Appeal allowed the appeal, setting aside the costs order, and clarified the principles for assessing costs in cases transferred from the High Court to the SICC, particularly concerning the applicability of Appendix G of the Rules of Court.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal allowed and the costs order made below is set aside.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding the costs regime applicable to proceedings transferred from the High Court to the SICC, concerning the setting aside of arbitration awards.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| CBX | Appellant, Plaintiff | Corporation | Appeal Allowed | Won | Lin Weiqi Wendy, Chong Wan Yee Monica, Huang Meizhen Margaret, Kara Quek Tze-Min |
| CBY | Appellant, Plaintiff | Corporation | Appeal Allowed | Won | Lin Weiqi Wendy, Chong Wan Yee Monica, Huang Meizhen Margaret, Kara Quek Tze-Min |
| CBZ | Respondent, Defendant | Corporation | Costs Order Set Aside | Lost | Francis Xavier s/o Subramaniam Xavier Augustine, Sim Jek Sok Disa, David Isidore Tan Huang Loong, Kristin Ng Wei Ting, Tay Bok Chong Alvin |
| CCA | Respondent, Defendant | Corporation | Costs Order Set Aside | Lost | Francis Xavier s/o Subramaniam Xavier Augustine, Sim Jek Sok Disa, David Isidore Tan Huang Loong, Kristin Ng Wei Ting, Tay Bok Chong Alvin |
| CCB | Respondent, Defendant | Corporation | Costs Order Set Aside | Lost | Francis Xavier s/o Subramaniam Xavier Augustine, Sim Jek Sok Disa, David Isidore Tan Huang Loong, Kristin Ng Wei Ting, Tay Bok Chong Alvin |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Justice of the Court of Appeal | Yes |
| Quentin Loh | Judge of the Appellate Division | No |
| Jonathan Mance | International Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lin Weiqi Wendy | WongPartnership LLP |
| Chong Wan Yee Monica | WongPartnership LLP |
| Huang Meizhen Margaret | WongPartnership LLP |
| Kara Quek Tze-Min | WongPartnership LLP |
| Francis Xavier s/o Subramaniam Xavier Augustine | Rajah & Tann Singapore LLP |
| Sim Jek Sok Disa | Rajah & Tann Singapore LLP |
| David Isidore Tan Huang Loong | Rajah & Tann Singapore LLP |
| Kristin Ng Wei Ting | Rajah & Tann Singapore LLP |
| Tay Bok Chong Alvin | Rajah & Tann Singapore LLP |
4. Facts
- The originating action was filed in the High Court on 5 November 2019.
- The High Court ordered the setting aside proceedings to be transferred to the SICC on 14 February 2020.
- The International Judge found in favor of the Sellers and dismissed the Buyers’ setting aside applications.
- The Judge ordered the Buyers to pay the Sellers costs of $150,000 all-in.
- The Buyers appealed against both the Merits Judgment and the Costs Judgment.
- The Court of Appeal reversed the Merits Judgment and set aside the Awards.
- The Court of Appeal allowed the appeal against the Costs Judgment and set aside the costs order.
5. Formal Citations
- CBX and another v CBZ and others, Civil Appeal No 197 of 2020, [2021] SGCA(I) 4
6. Timeline
| Date | Event |
|---|---|
| Originating action HC/OS 1388/2019 filed in the High Court | |
| High Court ordered the setting aside proceedings to be transferred to the SICC | |
| Proceedings heard before the International Judge | |
| Merits Judgment delivered | |
| Costs Judgment delivered | |
| Judgment reserved | |
| Decision on the merits issued in CBX and another v CBZ and others [2021] SGCA(I) 3 |
7. Legal Issues
- Applicability of Appendix G to costs incurred pre-transfer of proceedings to the SICC
- Outcome: The Court of Appeal held that Appendix G continues to be the guide for the assessment of pre-transfer costs, absent any order or consent to the contrary.
- Category: Procedural
- Relevance of Appendix G in assessing the reasonableness of costs incurred post-transfer to the SICC
- Outcome: The Court of Appeal held that Appendix G should remain one of a number of factors to be kept in mind when considering the costs claimed for the post-transfer period.
- Category: Procedural
- Reasonableness of the awarded costs of $150,000
- Outcome: The Court of Appeal found that the facts of the case did not justify a wholesale rejection of Appendix G for post-transfer costs and that the awarded amount was too high.
- Category: Procedural
8. Remedies Sought
- No remedies sought
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Commercial Litigation
- Arbitration
- International Arbitration
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| CBX and another v CBZ and others | High Court of Singapore | Yes | [2020] 5 SLR 184 | Singapore | The judgment on the merits of the setting aside application, which was appealed. |
| CBX and another v CBZ and others | Singapore International Commercial Court | Yes | [2021] 3 SLR 10 | Singapore | The costs judgment which is the subject of this appeal. |
| BYL and another v BYN | Singapore International Commercial Court | Yes | [2020] 4 SLR 204 | Singapore | Compared to the present case regarding the interpretation of a court order on costs after transfer to the SICC. |
| Sheila Kazzaz and another v Standard Chartered Bank and others | Singapore International Commercial Court | Yes | [2021] 3 SLR 1 | Singapore | Discussed in relation to the relevance of Appendix G in assessing costs after transfer to the SICC, and distinguished based on its specific facts. |
| CPIT Investments Ltd v Qilin World Capital Ltd and another | Singapore International Commercial Court | Yes | [2018] 4 SLR 38 | Singapore | Provides a framework for considering the costs regime applicable to cases transferred from the High Court to the SICC. |
| BXS v BXT | Singapore International Commercial Court | Yes | [2019] 5 SLR 48 | Singapore | Discusses the relevance of Appendix G in assessing costs after transfer to the SICC, and its use as a starting point. |
| CBX and another v CBZ and others | Court of Appeal of the Republic of Singapore | Yes | [2021] SGCA(I) 3 | Singapore | The decision on the merits of the appeal, which reversed the Merits Judgment and set aside the Awards. |
13. Applicable Rules
| Rule Name |
|---|
| Order 59 of the Rules of Court |
| Order 110 Rule 46 of the Rules of Court |
| Order 110 Rule 12 of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| International Arbitration Act (Cap 143A) | Singapore |
| Rules of Court (Cap 322, R5, 2014 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Appendix G
- Singapore International Commercial Court
- Costs
- Transfer of Proceedings
- Reasonable Costs
- Setting Aside Application
- Pre-transfer Costs
- Post-transfer Costs
- Rule 46
- International Arbitration Act
15.2 Keywords
- costs
- singapore international commercial court
- arbitration
- appendix g
- civil procedure
16. Subjects
- Civil Procedure
- Arbitration
- Costs
17. Areas of Law
- Civil Procedure
- Costs
- Arbitration Law
- International Arbitration
- Singapore International Commercial Court