Pertamina International Marketing & Distribution Pte. Ltd. v P-H-O-E-N-I-X Petroleum Philippines, Inc. (a.k.a. Phoenix Petroleum Philippines, Inc.)

Case Significance

Pertamina International Marketing & Distribution Pte Ltd v P-H-O-E-N-I-X Petroleum Philippines, Inc (a.k.a. Phoenix Petroleum Philippines, Inc) [2024] SGHC(I) 13 was a Singapore International Commercial Court decision delivered on 26 April 2024 by Sir Henry Bernard Eder IJ, in Originating Application No 1 of 2024 (Summons Nos 8 and 10 of 2024), after a hearing on 19 April 2024. The proceedings concerned an arbitration brought under the auspices of the Singapore International Arbitration Centre (SIAC) in SIAC Case No ARB No 084 of 2022 (ARB 84) and a Final Award signed and dated 28 November 2023, which determined that the defendant, P-H-O-E-N-I-X Petroleum Philippines, Inc (Phoenix), and a third-party guarantor, Udenna Corporation (Udenna), were jointly and severally liable to the claimant, Pertamina International Marketing & Distribution Pte Ltd (PIMD), in aggregate amounts including US$142,932,694.04. The matter was framed under s 8 of the International Arbitration Act 1994 and Articles 6 and 34 of the UNCITRAL Model Law, and Order 23 of the Singapore International Commercial Court Rules 2021. The catchwords record issues of breach of an arbitration agreement, an anti-suit injunction, and service of process. The claimant was represented by Prolegis LLC and the defendant by Rev Law LLC, with the judgment also referencing the Arbitration Act and the Supreme Court of Judicature Act.