DBX v DBZ: Costs Determination in Arbitration Setting Aside Application

In an arbitration costs dispute before the Singapore International Commercial Court, Applicants DBX and DBY were ordered to pay Respondent DBZ's costs following a judgment on 15 November 2023. The parties disagreed on the amount. The court determined the costs to be $144,000, plus disbursements of $7,709.38 and HKD151,978.26.

1. Case Overview

1.1 Court

Singapore International Commercial Court

1.2 Outcome

The court determined the total costs payable by the Applicants to the Respondent to be $144,000, plus disbursements of $7,709.38 and HKD151,978.26.

1.3 Case Type

Arbitration

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Costs determination in an arbitration setting aside application. The court determined the amount of costs payable by the Applicants to the Respondent.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
DBXApplicantCorporationCosts PayableLost
DBYApplicantCorporationCosts PayableLost
DBZRespondentCorporationCosts AwardedWon

3. Judges

Judge NameTitleDelivered Judgment
Roger GilesInternational JudgeYes

4. Counsels

Counsel NameOrganization
Ang Cheng Ann AlfonsoA.Ang, Seah & Hoe
James Ch’ng Chin LeongA.Ang, Seah & Hoe
Foo Hsien WengWongPartnership LLP
Chong Wan Yee MonicaWongPartnership LLP
Leau Jun LiWongPartnership LLP

4. Facts

  1. Judgment was given on 15 November 2023, ordering the Applicants to pay the Respondent’s costs.
  2. The parties were unable to agree on the amount of costs.
  3. The Respondent claimed $187,000 in costs and disbursements of $7,709.38 and HKD151,978.26.
  4. The Applicants contended for lower amounts for pre-transfer and post-transfer costs.
  5. The Deputy Registrar directed that O 21 of the Rules of Court 2021 and Appendix G to the Supreme Court Practice Directions 2021 apply to pre-transfer costs.
  6. The Deputy Registrar directed that O 22 of the Singapore International Commercial Court Rules 2021 apply to post-transfer costs.

5. Formal Citations

  1. DBX and another v DBZ, Originating Application No 10 of 2023, [2024] SGHC(I) 5

6. Timeline

DateEvent
Hearing
Judgment given
Judgment reserved

7. Legal Issues

  1. Assessment of Costs
    • Outcome: The court determined the amount of costs payable by the Applicants to the Respondent, considering both pre-transfer and post-transfer costs.
    • Category: Procedural
    • Related Cases:
      • [2023] 1 SLR 96

8. Remedies Sought

  1. Determination of Costs

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Arbitration
  • Commercial Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Senda International Capital Ltd v Kiri Industries LtdSingapore High CourtYes[2023] 1 SLR 96SingaporeCited for the principles regarding assessment of costs under O 21 of the Rules of Court, specifically the objective standard for determining reasonable costs.
CBX and another v CBZ and othersSingapore High CourtYes[2022] 1 SLR 88SingaporeCited for the principle that the court may depart from the Costs Guidelines or apply an uplift if the circumstances of the case warrant.
CJM and others v CJTSingapore High CourtNo[2021] 5 SLR 222SingaporeCited as a case where pre-transfer costs exceeding the range in the Costs Guidelines had been awarded.
Lao Holdings NV v Government of the Lao Peoples’ Democratic Republic and another matterSingapore High CourtNo[2023] 4 SLR 77SingaporeCited as a case where pre-transfer costs exceeding the range in the Costs Guidelines had been awarded.
CNA v CNB and another and other mattersSingapore High CourtNo[2023] 5 SLR 264SingaporeCited by the Applicants for the proposition that pre-transfer costs awarded were within the range of 18% to 25% of the actual pre-transfer costs incurred.

13. Applicable Rules

Rule Name
Order 21 Rule 22(2) of the Rules of Court 2021
Order 21 Rule 2(2) of the Rules of Court 2021
Order 22 Rule 3(1) of the Singapore International Commercial Court Rules 2021

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Costs
  • Disbursements
  • Pre-transfer costs
  • Post-transfer costs
  • Uplift
  • Costs Guidelines
  • Reasonable costs
  • Proportionate costs

15.2 Keywords

  • arbitration
  • costs
  • singapore
  • SICC
  • rules of court
  • costs guidelines

17. Areas of Law

Area NameRelevance Score
Costs95
Arbitration75
International Commercial Arbitration60
Jurisdiction30

16. Subjects

  • Arbitration
  • Costs Assessment