Convexity Ltd v Phoenixfin Pte Ltd: Enforcement of Arbitration Award and Freezing Injunction

In Convexity Ltd v Phoenixfin Pte Ltd, the Singapore High Court addressed the enforcement of an arbitration award. The court set aside the tribunal's decision on a penalty issue, which included the dismissal of the claimant's claims. The court granted the respondent's application to enforce the award, except for the confidentiality relief, which was stayed. The court also granted the claimant's application for a freezing injunction up to US$2.8 million. The respondents' applications to set aside earlier orders were dismissed. The claimant was awarded costs of $20,000, excluding the costs of the freezing injunction application.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Application to enforce arbitration award granted in part with a stay on the confidentiality relief. Freezing injunction granted. Applications to set aside previous orders dismissed.

1.3 Case Type

Arbitration

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court judgment on enforcement of an arbitration award, setting aside part of the award, and granting a freezing injunction.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Phoenixfin Pte LtdRespondentCorporationApplication to enforce arbitration award granted in part with a stay on the confidentiality reliefPartial
Mek Global LtdRespondentCorporationApplication to enforce arbitration award granted in part with a stay on the confidentiality reliefPartial
Phoenixfin LtdRespondentCorporationApplication to enforce arbitration award granted in part with a stay on the confidentiality reliefPartial
Convexity LtdApplicantCorporationFreezing injunction grantedWon

3. Judges

Judge NameTitleDelivered Judgment
Andre ManiamJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
K SathinathanLincoln’s Law LLC
J JayanthiLincoln’s Law LLC
Ker YanguangMorgan Lewis Stamford LLC
Daniel ChiaMorgan Lewis Stamford LLC
Jeanette WongMorgan Lewis Stamford LLC

4. Facts

  1. The claimant applied for a freezing injunction.
  2. The claimant had earlier obtained a freezing injunction in Originating Summons No 342 of 2020, limited to US$2.8m.
  3. The tribunal granted a freezing order in April 2020.
  4. The tribunal issued the Award on 2 October 2020, dismissing the claimant’s claims and discharging the tribunal’s freezing order.
  5. The court set aside the tribunal’s dismissal of the claimant’s claims.
  6. The claimant asked that the limit of the freezing injunction be raised to US$4,645,698.63, a sum which included interest.

5. Formal Citations

  1. Convexity Ltd v Phoenixfin Pte Ltd and others, , [2021] SGHC 121

6. Timeline

DateEvent
Freezing injunction granted in Originating Summons No 342 of 2020.
Tribunal granted a freezing order.
Leave to enforce the tribunal’s freezing order granted in Originating Summons No 407 of 2020.
Tribunal issued the Award, dismissing the claimant’s claims and discharging the tribunal’s freezing order.
Judgment dated in Originating Summons No 1158 of 2020.
Judgment delivered.

7. Legal Issues

  1. Enforcement of Arbitration Award
    • Outcome: The court granted the application to enforce the arbitration award, save for the portions of the Award which I had set aside in OS 1158, with a stay in relation to paragraphs 134 and 141(e) of the Award (concerning the Confidentiality Relief).
    • Category: Substantive
  2. Freezing Injunction
    • Outcome: The court granted a freezing injunction against the respondents up to US$2.8 million.
    • Category: Procedural

8. Remedies Sought

  1. Freezing Injunction
  2. Enforcement of Arbitration Award

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Arbitration
  • Commercial Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Convexity Ltd v Phoenixfin Pte Ltd and othersHigh CourtYes[2021] SGHC 88SingaporeThis is the primary judgment to which the current grounds of decision are supplemental.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Arbitration Award
  • Freezing Injunction
  • Confidentiality Relief
  • Enforcement
  • Tribunal
  • Stay

15.2 Keywords

  • arbitration
  • freezing injunction
  • singapore
  • high court
  • enforcement

17. Areas of Law

Area NameRelevance Score
Arbitration95
Freezing Injunction80
Injunctions70
Enforcement of Foreign Arbitral Awards60
Costs40

16. Subjects

  • Arbitration
  • Civil Procedure
  • Injunctions