Udenna Corp v Pertamina: Setting Aside Service of Process in International Arbitration Enforcement
The Singapore Court of Appeal dismissed Udenna Corporation's application for permission to appeal the decision of the judge below in SIC/SUM 27/2024, which concerned Udenna's attempt to set aside the service of originating process in SIC/OA 23/2023. OA 23 was an application by Pertamina International Marketing & Distribution Pte Ltd to recognise and enforce a Final Award against Udenna as a third-party guarantor. Udenna argued that the service was invalid due to issues with the address, person, entity, and method of service, claiming it was contrary to Philippine law and the Singapore International Commercial Court Rules 2021. The Court of Appeal upheld the lower court's decision, finding that the certificate of service was prima facie evidence of effective service and that Udenna failed to provide sufficient evidence to rebut it.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Application dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore Court of Appeal dismisses Udenna's application to set aside service of process in an international arbitration enforcement case, upholding the lower court's decision.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Udenna Corporation | Applicant, Respondent | Corporation | Application dismissed | Lost | |
| Pertamina International Marketing & Distribution Pte Ltd | Respondent, Applicant, Claimant | Corporation | Costs awarded | Won | |
| P-H-O-E-N-I-X Petroleum Philippines, Inc (a.k.a. Phoenix Petroleum Philippines, Inc) | Defendant | Corporation | Neutral | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Steven Chong | Justice of the Court of Appeal | Yes |
| David Neuberger | International Judge | No |
4. Counsels
4. Facts
- PIMD sought to recognise and enforce a Final Award against Udenna as a third-party guarantor.
- Udenna did not apply to set aside the Final Award within the three-month period under the International Arbitration Act 1994.
- PIMD commenced OA 23 on a without notice basis, which was granted substantively.
- Udenna filed SUM 27 to set aside the attempted service of the originating process in OA 23.
- Udenna argued that the service was invalid because it was served at the wrong address, on the wrong person, and through the wrong method.
- The Sheriff of the Philippines Supreme Court delivered the relevant papers to Mr Alex Rian Barcos at the BB Address.
- The Judge found that the BB Address was, at the very least, Udenna’s usual or last known place of business.
5. Formal Citations
- Udenna Corp v Pertamina International Marketing & Distribution Pte Ltd, Originating Application No 3 of 2024, [2024] SGCA(I) 9
6. Timeline
| Date | Event |
|---|---|
| SIAC Arb No. 084 of 2022 commenced | |
| Final Award dated in SIAC Arb No. 084 of 2022 | |
| PIMD commenced OA 23 on a without notice basis | |
| SIC/ORC 69/2023 granted substantively in terms | |
| PIMD filed HSC Request with the Supreme Court of Singapore | |
| PIMD filed SIC/SOD 2/2024 | |
| Papers delivered to Mr Alex Rian Barcos at BB Address | |
| Service of OA 23 on Udenna confirmed by issuance of the Certificate | |
| Udenna filed SUM 27 | |
| Judgment reserved | |
| Judgment delivered |
7. Legal Issues
- Validity of Service of Process
- Outcome: The court held that the service of process was valid, as the certificate of service constituted prima facie evidence of effective service, and Udenna failed to adduce adequate evidence in rebuttal.
- Category: Procedural
- Sub-Issues:
- Compliance with Hague Convention
- Interpretation of Singapore International Commercial Court Rules
- Admissibility of evidence
- Interpretation of Article 5 of the Hague Convention
- Outcome: The court found that the service effected by the Sheriff was not incompatible with the laws of the Philippines.
- Category: Substantive
- Sub-Issues:
- Compatibility of service method with laws of the Philippines
- Interpretation of international treaties
8. Remedies Sought
- Setting aside service of originating process
- Declaration that originating process has not been served
9. Cause of Actions
- Enforcement of Arbitration Award
10. Practice Areas
- Commercial Litigation
- International Arbitration
- Civil Litigation
11. Industries
- Petroleum
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Pertamina International Marketing & Distribution Pte Ltd v P-H-O-E-N-I-X Petroleum Philippines, Inc (also known as Phoenix Petroleum Philippines, Inc) and another | Singapore International Commercial Court | Yes | [2024] SGHC(I) 27 | Singapore | The Judge dismissed Udenna’s application to set aside the attempted service of originating process against it. |
| ITC Global Holdings Pte Ltd (in liquidation) v ITC Ltd and others | High Court | Yes | [2011] SGHC 150 | Singapore | Cited regarding the evidential weight of an official certificate from a foreign government or judicial authorities. |
| Reemtsma Cigarettenfabriken GmbH v Hugo Boss AG | High Court | Yes | [2003] 3 SLR(R) 469 | Singapore | Cited regarding the standard of proof required to rebut a certificate of service. |
| Lin Jianwei v Tung Yu-Lien Margaret and another | Unknown | Yes | [2021] 2 SLR 683 | Singapore | Cited regarding the application of established principles in a decision. |
| Singapore Democratic Party v Attorney-General | Unknown | Yes | [2022] 2 SLR 977 | Singapore | Cited regarding the application of established principles in a decision. |
| Rodeo Power Pte Ltd and others v Tong Seak Kan and another | High Court | Yes | [2022] SGHC(A) 16 | Singapore | Cited regarding the circumstances for granting permission to appeal based on errors of fact. |
13. Applicable Rules
| Rule Name |
|---|
| Singapore International Commercial Court Rules 2021 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| International Arbitration Act 1994 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Service of process
- Hague Convention
- International Arbitration Act
- Prima facie evidence
- Certificate of service
- Usual or last known place of business
- Incompatible with the law
- Balance of probabilities
15.2 Keywords
- Service of process
- International arbitration
- Hague Convention
- Singapore
- Udenna
- Pertamina
17. Areas of Law
16. Subjects
- Civil Procedure
- International Arbitration
- Service of Process