Newspeed v. Citus
DMC Category Rating: Confirmed
This case note has been supplied by Ang and Partners, the International Contributors for Singapore
Newspeed applied to enforce the arbitration award and was granted leave to do so. Citus then applied to set aside the order granting leave to Newspeed to enforce the arbitration award.
2. Citus sought to rely on section 31(2)(c) of the International Arbitration Act (Cap. 143A), which provided that the Court may refuse enforcement of a foreign award if the person against whom enforcement is sought proves that he was unable to present his case in the arbitration proceedings.
3. Citus had canvassed the same issues before the Intermediate People’s Court and failed. They were therefore bound by the decision of the Intermediate People’s Court.
4. Citus could not take two bites at the cherry, by applying to set aide the award, after he had unsuccessfully sought to challenge the award before another court.
The unsuccessful party must elect which route to take and cannot, upon the failure to set aside the award, choose to challenge its enforcement on the same grounds. In Paklito Investment Ltd v. Klockner East Asia Ltd  2 HKLR 39, Kaplan J had upheld the setting aside of an enforcement order on the ground that there had been a serious breach of due process. Woo JC distinguished that case on the basis that the Defendants there had not made an unsuccessful attempt to set aside the award.
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