RELIANCE INFRASTRUCTURE LIMITED v SHANGHAI ELECTRIC GROUP CO LTD

Case Significance

Reliance Infrastructure Ltd v Shanghai Electric Group Co Ltd [2024] SGCA(I) 10 is a decision of the Court of Appeal delivered on 17 December 2024 by Robert French IJ, sitting with Sundaresh Menon CJ and Steven Chong JCA. The appellant, Reliance Infrastructure Limited, had argued in the Singapore International Commercial Court that an arbitral award against it, based on a Letter of Guarantee, should be set aside for want of jurisdiction or on public policy grounds, both arguments depending on a contention that the Guarantee Letter was a forgery. The catchwords cover arbitration topics of separability of the arbitration agreement, recourse against an award by setting aside, and waiver of objections in the conduct of the arbitration.

The judgment records that the appellant had not, in its defence in the arbitration, advanced any objection to the Tribunal's jurisdiction based on an alleged forgery, and in its Opening Submissions had made clear it was not alleging the Guarantee Letter was a forgery, instead relying on fresh evidence only in the SICC. The SICC had found the appellant waived any objection to jurisdiction. Reliance was represented by Providence Law Asia LLC (including Vergis S Abraham and Liu Enning) and Shanghai Electric by Drew & Napier LLC (including Cavinder Bull). The grounds reference the Indian Penal Code and the Penal Code and cite four authorities.