DFL v DFM: Setting Aside Enforcement Order of Provisional Award Under DIAC Rules
In DFL v DFM, the General Division of the High Court of Singapore heard an application by DFM to set aside an Enforcement Order granting DFL permission to enforce a Provisional Award on Interim Relief issued in an arbitration conducted under the Dubai International Arbitration Centre Rules. The court, presided over by Justice Chua Lee Ming, dismissed DFM's application, finding that DFM had submitted to the jurisdiction of the Tribunal with respect to the Application. The primary legal issue was whether the arbitration conducted under the DIAC Rules was in accordance with the parties' agreement and whether DFM had submitted to the jurisdiction of the Tribunal.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Application dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application to set aside an order to enforce a Provisional Award. The court dismissed the application, finding the respondent submitted to the Tribunal's jurisdiction.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chua Lee Ming | Judge of the High Court | Yes |
4. Counsels
4. Facts
- Applicant and respondent entered into a Settlement Agreement on 17 August 2018.
- The Settlement Agreement contained an arbitration agreement governed by English law, providing for arbitration under the DIFC-LCIA Rules.
- The Dubai government issued Decree No 34 of 2021, abolishing the Dubai International Financial Centre Arbitration Institute.
- The applicant commenced DIAC Arbitration No [xx] of [xxxx] against the respondent and [E] Limited under the DIAC Rules.
- The respondent contested the Application on its merits and reserved his rights to raise jurisdictional objections.
- The Tribunal issued the Provisional Award, granting a proprietary injunction and a freezing order against the respondent.
- The applicant applied for permission to enforce the Provisional Award in Singapore.
5. Formal Citations
- DFL v DFM, Originating Application 882 of 2022 (Summons No 2625 of 2023), [2024] SGHC 71
6. Timeline
| Date | Event |
|---|---|
| Applicant and respondent entered into a Settlement Agreement | |
| Dubai government issued Decree No 34 of 2021 | |
| Decree came into force | |
| New DIAC Rules came into effect | |
| DIAC and LCIA issued a joint press release | |
| Applicant commenced DIAC Arbitration No [xx] of [xxxx] against the respondent and [E] Limited under the DIAC Rules | |
| Respondent and [E] Limited filed their respective answers to the request for arbitration | |
| Tribunal in the arbitration under the DIAC Rules was constituted | |
| Applicant made an application to the Tribunal for interim relief | |
| Respondent submitted his answer to the Application and his Skeleton Argument with respect to the Application | |
| Tribunal issued the Provisional Award | |
| Applicant applied for permission to enforce the Provisional Award in Singapore against the respondent | |
| Assistant Registrar granted the Enforcement Order | |
| Respondent was served | |
| Respondent was granted an extension of time to file the present application to set aside the Enforcement Order | |
| Respondent filed the application to set aside the Enforcement Order | |
| Hearing date | |
| Hearing date | |
| Judgment date |
7. Legal Issues
- Jurisdiction of Arbitral Tribunal
- Outcome: The court found that the respondent had submitted to the Tribunal's jurisdiction with respect to the Application for interim relief.
- Category: Jurisdictional
- Sub-Issues:
- Submission to jurisdiction
- Waiver of jurisdictional objections
- Related Cases:
- [2019] 1 SLR 779
- [2003] 4 SLR(R) 499
- [2008] 4 SLR(R) 460
- Enforcement of Foreign Arbitral Award
- Outcome: The court allowed the enforcement of the Provisional Award, finding no reason to refuse enforcement under s 31(2)(e) of the IAA.
- Category: Procedural
- Frustration of Arbitration Agreement
- Outcome: The court accepted that the agreement for arbitration under the DIFC-LCIA Rules was frustrated by the Decree.
- Category: Substantive
8. Remedies Sought
- Enforcement of Provisional Award
- Proprietary Injunction
- Freezing Order
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
- Arbitration
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Shanghai Turbo Enterprises Ltd v Liu Ming | Court of Appeal | Yes | [2019] 1 SLR 779 | Singapore | Cited for the legal principles regarding submissions to jurisdiction. |
| Chong Long Hak Kee Construction Trading Co v IEC Global Pte Ltd | High Court | No | [2003] 4 SLR(R) 499 | Singapore | Cited regarding the effect of reserving rights when filing a defence. |
| Carona Holdings and others v Go Go Delicacy Pte Ltd | Court of Appeal | Yes | [2008] 4 SLR(R) 460 | Singapore | Cited for the caveat that an earlier reservation can be waived by inconsistent conduct. |
| Baker Hughes Saudi Arabia Co. Ltd. V Dynamic Industries, Inc. and others | United States District Court for the Eastern District of Louisiana | No | Civil Action No. 2:23-cv-1396 (E.D. La. Nov.6, 2023) | United States | Cited to support the principle that parties cannot be compelled to arbitrate under rules they did not agree to. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| International Arbitration Act 1994 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Settlement Agreement
- DIFC-LCIA Rules
- DIAC Rules
- Provisional Award
- Enforcement Order
- Submission to jurisdiction
- Interim relief
- Decree
- Arbitration agreement
15.2 Keywords
- arbitration
- enforcement
- jurisdiction
- provisional award
- DIAC
- DIFC-LCIA
- Singapore
17. Areas of Law
16. Subjects
- Arbitration
- Civil Procedure
- Contract Law