Read the full judgment text of HCCT 45/2010 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 17 February 2015 before Hon Chow J.
Arbitration — Enforcement of SIAC awards — Hong Kong enforcement orders granted under Arbitration Ordinance (Cap 341) — Awards against Lippo and First Media — Singapore Court of Appeal (SCA) held Tribunal lacked jurisdiction in joining Additional Parties and declined enforcement — Whether Hong Kong court bound by SCA decision — Whether First Media barred from resisting enforcement due to late challenge and conduct — Whether entry of judgment precludes setting aside enforcement orders — Whether extension of time to set aside should be granted — Held: Entry of judgment does not bar setting aside application, but extension of time refused for 14-month delay and calculated risk — Good faith principle under s44 precludes First Media relying on jurisdictional challenge after defending merits arbitrarily — SCA ruling conclusive and binding as issue estoppel — Memorandum of Issues did not constitute binding submission to arbitration — Stage 1 enforcement requires only apparently valid arbitration agreement and award — Refusal to grant extension of time consistent with arbitration finality principle — First Media’s challenge dismissed; enforcement orders and judgment upheld; costs awarded to Astro.
Legal issues: Whether the entry of judgment precludes an application to set aside enforcement orders · Whether First Media is precluded by good faith principle from resisting enforcement of Awards under s44(2) of the Ordinance · Binding effect of the Singapore Court of Appeal Judgment on tribunal jurisdiction issues · Validity of binding submission to arbitration by signing the Memorandum of Issues · Compliance with multi-tier dispute resolution mechanism · Stage 1 and Stage 2 statutory pre-conditions for enforcement under the Ordinance · Extension of time to apply to set aside the Hong Kong Orders
Outcome: First Media’s summons dated 18 January 2012 to set aside the Hong Kong Orders and Hong Kong Judgment dismissed; extension of time refused; enforcement of Awards upheld.
Cites 3 cases