Shanghai Xinan v Great Wall: Enforcing Foreign Arbitral Award & Arbitration Agreement Validity
The High Court of Singapore heard an application by Great Wall Technology Aluminium Industry Pte Ltd to set aside an order obtained by Shanghai Xinan Screenwall Building & Decoration Co., Ltd. to enforce a foreign arbitral award. The court, presided over by Justice Philip Jeyaretnam, dismissed Great Wall's application, finding that Great Wall had proper notice of the arbitration, the arbitration agreement was valid, and the arbitral procedure was not improperly conducted. The court construed the arbitration agreements as intending CIETAC to be the administering institution.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Great Wall’s application to set aside the Order is dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court enforces a foreign arbitral award, holding that a misnamed arbitral institution in the agreement did not invalidate it.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Shanghai Xinan Screenwall Building & Decoration Co., Ltd. | Applicant | Corporation | Application granted | Won | |
| Great Wall Technology Aluminium Industry Pte Ltd | Respondent | Corporation | Application to set aside the Order dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Philip Jeyaretnam | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Shaun Wong | RHTLaw Asia LLP |
| Lim Bee Li | Chevalier Law LLC |
| Wong Zhen Yang | Chevalier Law LLC |
4. Facts
- Shanghai Xinan and Great Wall entered into two contracts for the supply and installation of materials for a facade for a housing project in Singapore.
- The contracts contained identically worded arbitration clauses specifying arbitration at the 'China International Arbitration Center'.
- Great Wall did not participate in the arbitration proceedings.
- The arbitral tribunal ordered Great Wall to pay Xinan outstanding sums under the contracts, as well as interest and costs.
- Great Wall applied to set aside the order to enforce the award, arguing lack of proper notice, invalidity of the arbitration agreement, and improper arbitral procedure.
- The notice of arbitration was delivered to Great Wall's registered office at the relevant time.
- Great Wall contended that the arbitration agreement was void because 'China International Arbitration Center' is not a real arbitral institution.
5. Formal Citations
- Re Shanghai Xinan Screenwall Building & Decoration Co, Ltd, , [2022] SGHC 58
6. Timeline
| Date | Event |
|---|---|
| Notice of arbitration delivered | |
| Great Wall ceased using previous office for business | |
| Great Wall changed its registered office | |
| Award dated | |
| Award delivered | |
| Xinan filed application to enforce the Award | |
| Court granted leave to Xinan to enforce foreign arbitral award | |
| Great Wall filed application to set aside the Order | |
| Great Wall filed reply affidavit | |
| Hearing before the Judge | |
| Judgment reserved |
7. Legal Issues
- Validity of Arbitration Agreement
- Outcome: The court held that the inaccuracy in the name of the arbitral institution used in the arbitration agreements did not nullify the parties’ consent to arbitration or their choice of CIETAC.
- Category: Substantive
- Sub-Issues:
- Misnomer of arbitral institution
- Related Cases:
- [2009] 3 SLR(R) 936
- Proper Notice of Arbitration
- Outcome: The court found that Great Wall had proper notice of the arbitration as the notice of arbitration was delivered to its registered office at the relevant time.
- Category: Procedural
- Related Cases:
- [2016] HKCFI 1611
- Binding Nature of Award
- Outcome: The court held that an arbitration award becomes binding once made, regardless of service.
- Category: Procedural
- Adherence to Arbitral Procedure
- Outcome: The court found that any mistaken reference to domestic arbitration provisions had no bearing on the conduct or outcome of the arbitration.
- Category: Procedural
8. Remedies Sought
- Enforcement of Arbitral Award
- Monetary Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Arbitration
- Commercial Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Pacific Recreation Pte Ltd v SY Technology Inc | Court of Appeal | Yes | [2008] 2 SLR(R) 491 | Singapore | Cited regarding the requirements of expert's evidence. |
| Insigma Technology Co Ltd v Alstom Technology Ltd | Court of Appeal | Yes | [2009] 3 SLR(R) 936 | Singapore | Cited for the principle that an arbitration agreement is to be construed like any other commercial agreement, with a view to giving effect to the intention of the parties as objectively expressed in it. |
| Sun Tian Gang v Hong Kong & China Gas (Jilin) Ltd | Hong Kong Court of First Instance | Yes | [2016] HKCFI 1611 | Hong Kong | Cited regarding the displacement of deeming provisions by evidence that the intended recipient did not in fact receive the document. |
| MCH International Pte Ltd and others v YG Group Pte Ltd and others | Court of Appeal | Yes | [2019] 2 SLR 837 | Singapore | Cited as cautioning that subsequent conduct can be an uncertain guide to contractual intention. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| International Arbitration Act (Cap 143A, 2002 Rev Ed) | Singapore |
| Section 387 of the Companies Act (Cap 50, 2006 Rev Ed) | Singapore |
| Section 19B of the International Arbitration Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Arbitration Agreement
- Foreign Arbitral Award
- Enforcement
- CIETAC
- Proper Notice
- Registered Office
- International Arbitration Act
- Setting Aside Application
15.2 Keywords
- arbitration
- foreign award
- enforcement
- CIETAC
- arbitration agreement
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Arbitration | 95 |
| Enforcement of Foreign Judgments | 90 |
| International Arbitration Act | 80 |
| Contract Law | 40 |
| Commercial Law | 30 |
| Construction of Contract | 30 |
| Business Law | 20 |
16. Subjects
- Arbitration
- Contract Law
- Enforcement of Foreign Arbitral Awards