Pertamina v Phoenix Petroleum: Setting Aside Service of Process in SICC Arbitration Enforcement

In the Singapore International Commercial Court, Pertamina International Marketing & Distribution Pte Ltd (PIMD) sought to enforce an arbitration award against Udenna Corporation. Udenna applied to set aside the service of the originating process. The court, presided over by Sir Henry Bernard Eder IJ, dismissed Udenna's application, holding that service was validly effected under the Hague Convention. The court found that the service was made at Udenna's usual or last known place of business and was not incompatible with Philippine law.

1. Case Overview

1.1 Court

Singapore International Commercial Court

1.2 Outcome

Application dismissed; service of originating application valid.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court dismisses Udenna's application to set aside service of process in arbitration enforcement, finding valid service under Hague Convention.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Udenna CorporationDefendantCorporationApplication dismissedLost
Pertamina International Marketing & Distribution Pte LtdClaimantCorporationApplication grantedWon
P-H-O-E-N-I-X Petroleum Philippines, Inc (a.k.a. Phoenix Petroleum Philippines, Inc)DefendantCorporation

3. Judges

Judge NameTitleDelivered Judgment
Sir Henry Bernard EderInternational JudgeYes

4. Counsels

Counsel NameOrganization
Ng Kim BengRajah & Tann Singapore LLP
Sim Daryl LarryRajah & Tann Singapore LLP
Jasmine Thing Khai FangRajah & Tann Singapore LLP
Ker YanguangProlegis LLC
Daniel Chia Hsiung WenProlegis LLC
Charlene Wee Swee TingProlegis LLC
Chan Kit Munn ClaudiaProlegis LLC

4. Facts

  1. PIMD sought to enforce an arbitration award against Udenna.
  2. Udenna applied to set aside the service of the originating process.
  3. Service was effected at the BB Address, not the SHRR Address.
  4. A certificate was issued confirming service on Udenna.
  5. Udenna claimed service was invalid under Philippine law.
  6. JS Held's investigation indicated Udenna's presence at the BB Address.
  7. The court found the BB Address to be Udenna's usual place of business.

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, Originating Application No 23 of 2023 (Summons No 27 of 2024), [2024] SGHC(I) 27

6. Timeline

DateEvent
Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters
SIAC Arb No. 084 of 2022
OA 23 commenced on a without notice basis
Final Award signed and dated
SIC/ORC 69/2023 granted substantively
PIMD filed a form labelled “Request for Service Abroad of Judicial or Extrajudicial Documents”
PIMD filed SIC/SOD 2/2024 to request that the documents be sent through the proper channels to the Philippines for service on Udenna
Sheriff of the Philippines Supreme Court delivered the relevant papers to Mr Alex Rian Barcos
Certificate issued by Sheriff IV confirming service of the relevant documents on Udenna on 22 April 2024
Screenshot of the relevant part of the website (https://pnxudennainsurance.ph/about/) taken
Judgment delivered
Judgment date

7. Legal Issues

  1. Validity of Service of Process
    • Outcome: The court held that the service of process was valid, as it complied with the Hague Convention and was effected at Udenna's usual place of business, and was not incompatible with Philippine law.
    • Category: Procedural
    • Sub-Issues:
      • Compliance with Hague Convention
      • Service at Usual Place of Business
      • Compatibility with Philippine Law

8. Remedies Sought

  1. Recognition and Enforcement of Final Award

9. Cause of Actions

  • Enforcement of Arbitration Award

10. Practice Areas

  • Commercial Litigation
  • Arbitration

11. Industries

  • Petroleum
  • Insurance

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
ITC Global Holdings Pte Ltd (In liquidation) v ITC Ltd and othersSingapore High CourtYes[2011] SGHC 150SingaporeCited regarding the effect of an official certificate from a foreign government or judicial authorities pursuant to O 11 r 3(5) of the Rules of Court 2014 (which is in pari materia with O 5 r 12 of the SICC Rules).
Myrtle v. GrahamUnited States District Court for the Eastern District of LouisianaYesMyrtle v. Graham, Civil Action No. 10-1677, 2011 WL 446397, at *1 (E.D. La. Feb. 3, 2011)United StatesCited to show that the position in other jurisdictions appears to be that the issuance of a certificate of service is no more than prima facie evidence.
Platypus Wear, Inc. v. Bad Boy Eur. Ltd.United States District Court for the Southern District of CaliforniaYesPlatypus Wear, Inc. v. Bad Boy Eur. Ltd., Case No. 16-cv-02751- BAS-DHB, 2018 WL 3706876, at *4 (S.D. Cal. Aug. 2, 2018)United StatesCited to show that the position in other jurisdictions appears to be that the issuance of a certificate of service is no more than prima facie evidence.
Punjab National Bank (International) Limited v Vishal Cruises (Private) LtdHigh Court of JusticeYes[2020] EWHC 1962 (Comm)England and WalesCited to show that the position in other jurisdictions appears to be that the issuance of a certificate of service is no more than prima facie evidence.

13. Applicable Rules

Rule Name
Singapore International Commercial Court Rules 2021
Order 23, Rule 10 of the Singapore International Commercial Court Rules 2021
O 5 r 12 of the SICC Rules
Order 13 r 8(3) of the SICC Rules
Order 13 r 8(4) of the SICC Rules

14. Applicable Statutes

Statute NameJurisdiction
International Arbitration Act 1994Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Service of Process
  • Hague Convention
  • International Arbitration
  • Certificate of Service
  • Usual Place of Business
  • Philippine Law
  • Enforcement of Award

15.2 Keywords

  • service of process
  • hague convention
  • arbitration
  • singapore
  • philippines
  • udenna
  • pertamina

17. Areas of Law

Area NameRelevance Score
Service out of jurisdiction90
International Arbitration85
Jurisdiction80
Recognition and Enforcement of Foreign Arbitral Awards80
Arbitration75
Enforcement of Foreign Judgments70
Civil Practice60
Foreign Law60

16. Subjects

  • Civil Procedure
  • International Arbitration
  • Conflict of Laws