DKB v. DKC: Enforcement of Foreign Award and Stay Application under International Arbitration Act
In the Singapore International Commercial Court, DKB, as assignee of a foreign award, sought to enforce it against DKC. DKC applied for a stay of proceedings under Section 6 of the International Arbitration Act, arguing that a dispute under a Settlement Deed required arbitration. DKB sought leave to have counsel make submissions on English law, which was opposed by DKC. The court dismissed DKB's application, determining that having already allowed expert evidence on the matter, it was inappropriate to order an alternative approach with potential cost and disruption to DKC.
1. Case Overview
1.1 Court
Singapore International Commercial Court1.2 Outcome
Application dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
DKB seeks to enforce a foreign award against DKC. DKC applies for a stay, arguing a breach of the Settlement Deed requires arbitration. The court addresses whether to allow submissions by counsel on English law.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Thomas Bathurst | International Judge | Yes |
4. Counsels
4. Facts
- DKB is the assignee of a Final Award issued on 9 October 2023.
- DKB was granted leave to enforce the B Award on 29 December 2023.
- DKC sought a stay of proceedings and to set aside the enforcement order.
- The Settlement Deed of 23 March 2017 stipulated that DKC would be released from obligations under the B Award upon payment of US$150,000,000.
- DKB claims the payment obligations under the Settlement Deed have been breached.
- DKC contends that payments would breach United States sanctions.
- DKB sought leave to file affidavits to adduce expert opinion on United States and English law.
5. Formal Citations
- DKB v DKC, Originating Application No 10 of 2024 (Summons No 46 of 2024), [2024] SGHC(I) 31
6. Timeline
| Date | Event |
|---|---|
| Final Award issued in ZCC Claim No [redacted] | |
| DKB granted leave to enforce the B Award | |
| Settlement Deed between DKB, DKC, C, and D was executed | |
| Commencement of instalment payments under the Settlement Deed | |
| Conclusion of instalment payments under the Settlement Deed | |
| DKC filed summons HC/SUM 1177/2024 for stay of proceedings | |
| DKC filed summons HC/SUM 1133/2024 to set aside the order made on 22 December 2023 | |
| DKB filed summons SIC/SUM 25/2024 seeking leave to file affidavits | |
| DKB submitted written submissions | |
| DKB submitted subsequent submissions | |
| Case management hearing where DKB was granted leave to file evidence of English law | |
| DKB filed summons SIC/SUM 46/2024 seeking order for Mr. Roderick Cordara KC to appear | |
| DKB and DKC submitted written submissions in SUM 46 | |
| Court dismissed the application in SUM 46 | |
| Judgment Date | |
| Stay application listed for hearing |
7. Legal Issues
- Admissibility of Expert Evidence on Foreign Law
- Outcome: The court ruled against allowing submissions by counsel on English law, as expert evidence had already been admitted.
- Category: Procedural
- Sub-Issues:
- Whether expert evidence and submissions on foreign law can be presented concurrently
- Whether the court should allow submissions by counsel on English law after expert evidence has been filed
- Stay of Proceedings Pending Arbitration
- Outcome: The court did not make a final determination on the stay application in this judgment, but considered the relevance of English law to the stay application.
- Category: Procedural
- Sub-Issues:
- Whether a dispute exists under the Settlement Deed requiring arbitration
- Whether enforcement of the B Award should be stayed pending resolution of the dispute
8. Remedies Sought
- Enforcement of Award
- Stay of Proceedings
9. Cause of Actions
- Enforcement of Foreign Award
- Breach of Contract
10. Practice Areas
- International Commercial Litigation
- Arbitration
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tjong Very Sumito v Antig Investments Pte Limited | Court of Appeal | Yes | [2009] 4 SLR(R) 732 | Singapore | Cited for the principle that asserting a dispute or denial of a claim is sufficient to obtain a stay of proceedings in favor of arbitration. |
| Ralli Brothers v Compania Naviera Sota y Aznar | King's Bench | Yes | [1922] KB 287 | England | Cited regarding an exception related to the applicability of United States sanctions. |
| Rappo, Tania v Accent Delight International Ltd | Court of Appeal | Yes | [2017] 2 SLR 265 | Singapore | Cited for the principle that Order 16 rule 8(1) prevents a party from establishing a proposition of foreign law by way of both expert evidence and submissions. |
| UniCredit Bank GmbH v RusChemAlliance LLC | United Kingdom Supreme Court | Yes | [2024] UKSC 30 | United Kingdom | Cited as a recent legal development relevant to choice of law questions. |
| Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb | N/A | Yes | [2020] 1 WLR 4117 | N/A | Cited as a case considered and applied in UniCredit Bank GmbH v RusChemAlliance LLC regarding choice of law questions. |
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
- Settlement Deed
- Stay Application
- Foreign Award
- International Arbitration Act
- Expert Opinion
- United States Sanctions
- English Law
- Rules of Expedited Arbitration
- Choice of Law
15.2 Keywords
- arbitration
- foreign award
- stay of proceedings
- expert evidence
- Singapore International Commercial Court
17. Areas of Law
16. Subjects
- Arbitration
- Civil Procedure
- Conflict of Laws
- Sanctions