ASIANA AIRLINES, INC v GATE GOURMET KOREA CO., LTD. & 3 Ors

Case Significance

Asiana Airlines, Inc v Gate Gourmet Korea Co, Ltd and others [2024] SGCA(I) 8 was a Court of Appeal decision delivered on 29 October 2024 in a Civil Appeal from the Singapore International Commercial Court (No 12 of 2023), heard by Sundaresh Menon CJ, Steven Chong JCA and Jonathan Hugh Mance IJ. The appeal, brought by Asiana Airlines, Inc, challenged an SICC judge's decision (reported as Gate Gourmet Korea Co, Ltd and others v Asiana Airlines, Inc [2024] 3 SLR 199) which had granted two anti-suit injunctions restraining Asiana from continuing court proceedings in South Korea against the respondents Gate Gourmet Korea Co, Ltd, Gate Gourmet Switzerland GmbH, Christoph Schmitz and Xavier Rossinyol Espel. The judgment, delivered by Sundaresh Menon CJ, concerned the scope of arbitration agreements and the restraint of foreign judicial proceedings. The two anti-suit injunctions had been granted on the basis that arbitration agreements between some of the relevant parties would be breached by the continuation of court proceedings against all of them, including the third and fourth respondents who were not parties to those agreements. Drew & Napier LLC acted for the appellant, while Colin Liew LLC and Rajah & Tann Singapore LLP acted for the respondents.