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WongPartnership successfully acted for the Claimant, Hyatt Terminal and Industrial Corporation (“HTIC”), a Philippine-incorporated company, in setting aside an ICC arbitral award before the Singapore International Commercial Court (“SICC”). The matter was heard before a coram comprising Philip Jeyaretnam J, Sir Henry Bernard Eder IJ, and Douglas Samuel Jones AO IJ.

The dispute centred on whether a lease dated 29 December 2000 between HTIC (as lessor) and Total (Philippines) Corporation (“Lease Contract”) had been validly assigned to Defendant, Filipinas Third Millenium Realty Corporation (“FTMRC”), under a purported deed of assignment. The lease was in respect of 8.8726 hectares of land in Bataan, Philippines on which an oil terminal was operated.

HTIC succeeded in arguing that, contrary to the findings of the majority of the arbitral tribunal, the purported assignment of the Lease Contract to FTMRC was not valid as HTIC’s consent was required for the assignment, which was not obtained. Accordingly, FTMRC was not a proper party to the arbitration agreement in the Lease Contract. The arbitral award was therefore set aside under Article 34(2)(a)(i) of the UNCITRAL Model Law on International Commercial Arbitration, as incorporated into Singapore law by section 3(1) of the International Arbitration Act 1994.

The matter was led by our Commercial & Corporate Disputes and International Arbitration Partner Daniel Gaw, with support from Foreign Law Associate Thea Elyssa Vega, Associate Shawn Ang, and Practice Trainees Keng Teng Tay and Duncan Lim.

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