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Assessment of costs schedules leads court to award costs at 25% discount
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Court finds that costs must be allocated reasonably and proportionately
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Background: Dispute over email correspondence contract leads to 150 million USD award; Singapore court enforces award and issues anti-suit injunction
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Nature of court proceedings and the role of Singapore courts justify grant of anti-suit injunction
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Singapore court has power to grant anti-suit injunction
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Court fails to find valid reason to refuse enforcement of award
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Background: Court is faced with parallel applications by claimant and respondent for an anti-suit injunction and refusal of enforcement in Singapore
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Interim anti-suit injunction stands, as respondent’s reasoning fails to persuade court to decline jurisdiction; question of subject-matter jurisdiction reserved for later stage
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Court notes respondent’s clear breach of previous order but proceeds to hear respondent’s submissions in the exercise of its discretion
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Claimant belatedly accepts lack of valid service on respondent, resulting in summary cost order for respondent
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Background: Phoenix Petroleum faces anti-suit injunction for seeking to have Singapore-seated award declared void in the Philippines, argues lack of formal service of originating process
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Allegations of fraud must have connection with the “making of the arbitral award” to deny enforcement under Singapore’s public policy
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Allegations of fraud do not suffice to displace deadline for challenge to enforcement of the award
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Singapore’s law on sovereign immunities governs question of service, leaving no room for application of Indonesian law
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Court grants MOD’s request to file further affidavits, but rejects petition to seal the record
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Background: MOD is late to challenge satellite contract award on account of alleged fraud
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Background: hotel deal ends in claimants’ eviction
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Some key demands of ICCPR against which Indonesia’s conduct should be measured
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Bar on dual citizen claims
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Default transparency provisions, but some exceptions
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No tobacco exception, but numerous other exceptions clauses, including specific jurisdictional bar against claims over public health measures
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Joint interpretations, arbitrator code of conduct, and ISDS time-limits
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New provisions on security for costs and third-party funding
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Stringent provisions on MFN
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