DHZ v DHY

[2024] SGHC 236 High Court (General Division) 16 September 2024 HC/OA 102/2024 · HC/OA 21/2024 ( HC/SUM 288/2024 ) 48 min read
9 cases cited (8 SG, 1 foreign) Cited by 1 case

Key facts

Court High Court (General Division)
Decided
Judge Chua Lee Ming
Charges / claim Arbitration
Counsel Bird & Bird ATMD LLP, UniLegal LLC, Balasubramaniam Ernest Yogarajah, Lee Wei Han Shaun, Mark Ng, Nakul Dewan

Source: [2024] SGHC 236, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (6)

Parties (2)

Case Significance

DHZ v DHY and another matter [2024] SGHC 236 was decided by Chua Lee Ming J in the General Division of the High Court on 16 September 2024, with judgment reserved after a hearing on 25 July 2024. The proceedings comprised Originating Application No 102 of 2024 (OA 102) and Originating Application No 21 of 2024 (Summons No 288 of 2024) (SUM 288). In OA 102, the applicant DHZ applied to set aside specific findings made against it in an arbitral award issued on 31 October 2023, in an arbitration commenced by DHY in Singapore and conducted under the Arbitration Rules of the Singapore International Arbitration Centre (6th Edition, 1 August 2016).

The catchwords identify the case as concerning arbitration and recourse against an award by way of setting aside. In OA 21, DHY had obtained leave of court to enforce the Award and enter judgment in its terms (the Enforcement Order); DHZ applied by SUM 288 to stay the Enforcement Order pending the final determination of OA 102 and to set it aside should OA 102 succeed. The court heard SUM 288 and OA 102 together, referring throughout to DHY as claimant and DHZ as respondent in the arbitration. The judgment referred to the Arbitration Act. DHY was represented by Bird & Bird ATMD LLP, including Lee Wei Han Shaun, Mark Ng and Nakul Dewan, while DHZ was represented by UniLegal LLC, including Balasubramaniam Ernest Yogarajah.

[2024] SGHC 236 explained

DHZ v DHY ([2024] SGHC 236) is a Singapore judgment decided by the High Court (General Division) on 16 September 2024. It is categorised under Arbitration. Within this corpus it has since been cited by 1 other reported Singapore judgment, a measure of how often later decisions have referred to it. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2024] SGHC 236 about?

DHZ v DHY ([2024] SGHC 236) is a High Court (General Division) decision from 2024. Its published catchwords are “Arbitration — Award — Recourse against award — Setting aside”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2024] SGHC 236 consider?

The judgment refers to Arbitration Act (Cap 10). The statutes cited are listed in full on this page, each linking to its primary text.

How influential is [2024] SGHC 236?

Within this corpus, [2024] SGHC 236 has been cited by 1 later reported Singapore judgment. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.

Summary

These proceedings concerned a challenge by DHZ to certain findings in an arbitral award issued in 2023 following an arbitration commenced by DHY in Singapore under the SIAC Rules, arising from disputes over four contracts under which DHZ had engaged DHY as a supplier of goods and services for a project. DHZ applied to set aside specific findings in the award, while DHY had obtained leave to enforce the award, and DHZ applied to stay and set aside the enforcement order in the event it succeeded. The High Court (Chua Lee Ming J) dismissed the challenge, observing that the complaints amounted to assertions that the arbitrator was wrong, that parties to arbitration agree to be bound by the tribunal's findings even if shown to be wrong, and that there is no right of appeal against an arbitral award; costs were to be heard separately.

What did DHZ seek in DHZ v DHY [2024] SGHC 236?

In Originating Application No 102 of 2024, DHZ applied to set aside specific findings made against it in an arbitral award issued on 31 October 2023 under the SIAC Rules. DHZ also sought, in SUM 288, to stay and set aside an enforcement order obtained by DHY.

Under which arbitration rules was the award in DHZ v DHY [2024] SGHC 236 made?

The arbitral award challenged in DHZ v DHY, issued on 31 October 2023, arose from an arbitration commenced by DHY in Singapore and conducted under the Arbitration Rules of the Singapore International Arbitration Centre (6th Edition, 1 August 2016), as recorded by Chua Lee Ming J.

Statutes Cited

Cases Cited (9)

SG (1)
[2021] SGHC 63
SLR (7)
[2007] 2 SLR(R) 655 [2007] 3 SLR(R) 86 [2013] 1 SLR 125 [2016] 5 SLR 54 [2022] 1 SLR 1080 [2022] 2 SLR 557 [2023] 2 SLR 468
UK (1)
[1919] 2 KB 722

Cited By (1)

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Statutes interpreted in this judgment

Legal concepts & references

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHC 236)