COD v COE: Appeal to Adduce Fresh Evidence in Arbitration Setting Aside - Natural Justice
COD appealed against the decision of the High Court in OS 925, seeking to set aside an arbitral award in favor of COE. The Court of Appeal dismissed both SUM 22, an application to adduce further evidence, and CA 32, the main appeal, finding no grounds to set aside the arbitral award. The underlying dispute concerned a breach of contract claim and a counterclaim related to the fabrication and delivery of cranes.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
SUM 22 and CA 32 were dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal to adduce fresh evidence to set aside arbitral award. Court dismissed the appeal, finding no breach of natural justice.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Justice of the Court of Appeal | Yes |
| Steven Chong | Justice of the Court of Appeal | Yes |
| Belinda Ang Saw Ean | Justice of the Court of Appeal | Yes |
4. Counsels
4. Facts
- Appellant terminated contracts with Respondent for fabrication and delivery of cranes.
- Respondent commenced arbitration against Appellant for breach of contract.
- Tribunal issued an Interim Award finding Appellant's termination unjustified.
- Tribunal issued a Final Award awarding damages to Respondent.
- Appellant applied to set aside the Final Award, which was dismissed.
- Appellant sought to adduce further evidence on the market value of the cranes.
- The cranes were advertised for sale for US$1m to US$2m on an as is where is basis or US$3m to US$4m in reconditioned operational condition.
5. Formal Citations
- COD v COE, Civil Appeal No 32 of 2022, [2023] SGCA 29
6. Timeline
| Date | Event |
|---|---|
| Respondent commenced two arbitrations against the appellant. | |
| The Tribunal issued an Interim Award. | |
| Respondent sold the Cranes for scrap to a local company, Buyer 1. | |
| The Tribunal issued the Final Award. | |
| Appellant applied to the General Division of the High Court by way of HC/OS 925/2021 to set aside the Final Award. | |
| OS 925 was dismissed in its entirety. | |
| CA 32 was filed against the whole of the decision in OS 925. | |
| Appellant filed SUM 22 for the appellant to be at liberty to adduce further evidence at the hearing of the appeal in CA 32. | |
| SUM 22 and CA 32 were dismissed. | |
| Written grounds for dismissing SUM 22 were issued. |
7. Legal Issues
- Admissibility of Fresh Evidence
- Outcome: The court held that the further evidence was not admissible as it did not meet the requirements of the Ladd v Marshall Modified Test.
- Category: Procedural
- Sub-Issues:
- Relevance of evidence
- Credibility of evidence
- Diligence in obtaining evidence
- Breach of Natural Justice
- Outcome: The court found no breach of natural justice.
- Category: Substantive
- Sub-Issues:
- Denial of opportunity to present case
- Failure to address damages claim
- Compliance with Arbitral Procedure
- Outcome: The court found that the Tribunal had complied with the arbitral procedure.
- Category: Procedural
- Sub-Issues:
- Bifurcation of hearing
- Introduction of damages claim
8. Remedies Sought
- Setting aside of arbitral award
- Permission to adduce further evidence
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
- Arbitration
11. Industries
- Marine
- Offshore
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| COD v COE | High Court | Yes | [2022] SGHC 126 | Singapore | Affirmed the Judge’s decision in refusing to set aside the arbitral award. |
| BNX v BOE and another appeal | Court of Appeal | Yes | [2018] 2 SLR 215 | Singapore | Provided for the modified version of the Ladd v Marshall requirements. |
| Ladd v Marshall | N/A | Yes | [1954] 1 WLR 1489 | N/A | Outlined the test for adducing further evidence. |
| UJN v UJO | Court of Appeal | Yes | [2021] SGCA 18 | Singapore | Addressed the rule of finality in proceedings. |
| Vitol Asia Pte Ltd v Machlogic Singapore Pte Ltd | N/A | Yes | [2021] 4 SLR 464 | Singapore | Addressed the procedural interest in imposing a degree of finality in the parties’ opportunity to obtain and produce evidence in dispute-resolution proceedings |
| AnAn Group (Singapore) Pte Ltd v VTB Bank (Public Joint Stock Co) | N/A | Yes | [2019] 2 SLR 341 | Singapore | Addressed the conditions in the Ladd v Marshall test |
| PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation | N/A | Yes | [2015] 4 SLR 364 | Singapore | Addressed the admission of evidence that is relevant to the court’s consideration of the engaged grounds of setting aside |
| Radisson Hotels APS Danmark v Hayat Otel Isletmeciligi Turizm Yatirim Ve Ticaret Anonim Sirketi | N/A | Yes | [2023] EWHC 892 (Comm) | N/A | Addressed the court’s approach to further evidence in the sense of fresh or new evidence adduced for setting-aside applications on non-jurisdictional grounds |
| CEF and another v CEH | N/A | Yes | [2022] 2 SLR 918 | Singapore | Addressed the admission and consideration of additional evidence relevant to the question of whether the appellants’ argument that an order made by the arbitral tribunal was impossible or unworkable was in fact an afterthought and a contrivance |
| Dongwoo Mann+Hummel Co Ltd v Mann+Hummell GmbH | N/A | Yes | [2008] 3 SLR(R) 871 | Singapore | Addressed the overall conduct of the proceedings with particular attention paid to the conduct of the tribunal and the parties themselves |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court 2021 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Arbitration Act (Cap 10, 2002 Rev Ed) | Singapore |
| Supreme Court of Judicature Act 1969 (2020 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Arbitral award
- Setting aside
- Further evidence
- Natural justice
- Breach of contract
- Market value
- Cranes
- Tribunal
- Ladd v Marshall test
- Abuse of process
15.2 Keywords
- arbitration
- appeal
- evidence
- contract
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Procedure | 80 |
| Arbitration | 75 |
| Natural justice | 60 |
| Damages | 50 |
16. Subjects
- Arbitration
- Civil Procedure
- Contract Law