Pertamina v Phoenix Petroleum: Costs Dispute in Anti-Suit Injunction & Enforcement of Arbitration Award

In the Singapore International Commercial Court, Pertamina International Marketing & Distribution Pte Ltd ("PIMD") sought declarations as to the validity of a Final Award, a permanent anti-suit injunction, and a mandatory injunction against P-H-O-E-N-I-X Petroleum Philippines, Inc ("Phoenix"), to prevent Phoenix from pursuing proceedings in the Philippines. Phoenix applied to set aside the order allowing PIMD to enforce the Final Award. The court found in favor of PIMD on all issues and ordered Phoenix to pay PIMD's costs. The court then considered the quantum of costs, ultimately awarding PIMD $319,000, after considering arguments of proportionality and reasonableness.

1. Case Overview

1.1 Court

Singapore International Commercial Court

1.2 Outcome

Costs awarded to Pertamina International Marketing & Distribution Pte Ltd in the sum of $319,000.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court addresses costs dispute after Pertamina's successful application for anti-suit injunction and enforcement of arbitration award against Phoenix Petroleum.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Udenna CorporationDefendantCorporation
Pertamina International Marketing & Distribution Pte LtdClaimantCorporationCosts awardedWon
P-H-O-E-N-I-X Petroleum Philippines, Inc (a.k.a. Phoenix Petroleum Philippines, Inc)DefendantCorporationCosts to be paidLost

3. Judges

Judge NameTitleDelivered Judgment
Sir Henry Bernard EderInternational JudgeYes

4. Counsels

Counsel NameOrganization
Ker YanguangProlegis LLC
Daniel Chia Hsiung WenProlegis LLC
Charlene Wee Swee TingProlegis LLC
Chan Kit Munn ClaudiaProlegis LLC
Liew Yik WeeRev Law LLC
Wong Wan CheeRev Law LLC
Ng Tse Jun RussellRev Law LLC

4. Facts

  1. PIMD applied for declarations as to the validity of a Final Award.
  2. PIMD sought a permanent anti-suit injunction against Phoenix.
  3. PIMD sought a mandatory injunction to prevent Phoenix from pursuing proceedings in the Philippines.
  4. Phoenix applied to set aside the order allowing PIMD to enforce the Final Award.
  5. The court found in favor of PIMD on all issues.
  6. PIMD sought costs in the sum of $424,795.52.
  7. Phoenix argued the sum claimed by PIMD was neither proportionate nor reasonable.

5. Formal Citations

  1. 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 matter, Originating Application No 1 of 2024, Originating Application No 23 of 2023 (Summons No 21 of 2024), [2024] SGHC(I) 26

6. Timeline

DateEvent
Final Award signed and dated
Hearing held
Decision issued in 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 matter [2024] SGHC(I) 19
Phoenix proposed to pay $250,000, which was rejected by PIMD
Phoenix's written submissions dated
Judgment date
Judgment date

7. Legal Issues

  1. Costs
    • Outcome: The court awarded costs to PIMD, discounting the claimed amount by 25% and awarding $319,000.
    • Category: Procedural

8. Remedies Sought

  1. Costs

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Commercial Litigation
  • Arbitration

11. Industries

  • Petroleum

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Senda International Capital Ltd v Kiri Industries LtdN/AYes[2023] 1 SLR 96SingaporeCited for principles applicable to an award of costs.
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 matterSingapore International Commercial CourtYes[2024] SGHC(I) 19SingaporePrevious decision dealing with the substantive issues raised in SIC/OA 1/2024 and SIC/SUM 21/2024 in SIC/OA 23/2023.
Pertamina International Marketing & Distribution Pte Ltd v P-H-O-E-N-I-X Petroleum Philippines, Inc (also known as Phoenix Petroleum Philippines, Inc)Singapore International Commercial CourtYes[2024] SGHC(I) 20SingaporeJudgment in which costs were awarded against Phoenix in the sum of $205,880.41.

13. Applicable Rules

Rule Name
Articles 6 and 34 of the UNCITRAL Model Law on International Commercial Arbitration
Order 23 of the Singapore International Commercial Court Rules 2021
Order 23, Rule 10 of the Singapore International Commercial Court Rules 2021
O 22 r 3(1) of the Singapore International Commercial Court Rules 2021

14. Applicable Statutes

Statute NameJurisdiction
Section 8 of the International Arbitration Act 1994Singapore
Section 19 of International Arbitration Act 1994Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Costs
  • Anti-suit injunction
  • Final Award
  • Proportionality
  • Reasonableness
  • Duplicative work

15.2 Keywords

  • costs
  • arbitration
  • anti-suit injunction
  • singapore
  • international commercial court

17. Areas of Law

Area NameRelevance Score
Costs95
International Commercial Arbitration85
Arbitration75
Anti-suit injunction70
Injunctions60
Jurisdiction60
Civil Practice60
Enforcement of Foreign Judgments50
Civil Litigation50

16. Subjects

  • Civil Procedure
  • Costs
  • International Arbitration