Joint Stock Company (Power Machines - ZTL, LMZ, Electrosila Energomachexport) v Vietnam Oil and Gas Group

[2024] SGHC 244 High Court (General Division) 24 September 2024 • HC/OA 141/2024 ( HC/SUM 988/2024 ) |HC/OA 346/2024 • 21 min read
2 cases cited Cited by 3 cases

Key facts

Court High Court (General Division)
Decided
Judge Chua Lee Ming
Charges / claim Arbitration
Counsel Braddell Brothers LLP, Eldan Law LLP, TSMP Law Corporation, Colin Ong, Glenn Ang, Kevin Elbert, Kronenburg Edmund Jerome, Sim Wei Min Stephanie, Thio Shen Yi

Source: [2024] SGHC 244, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (9)

Parties (2)

Case Significance

Vietnam Oil and Gas Group v Joint Stock Company (Power Machines - ZTL, LMZ, Electrosila Energomachexport) and another matter [2024] SGHC 244 was decided by Chua Lee Ming J in the General Division of the High Court of Singapore on 24 September 2024, following hearings on 19, 23 and 31 July 2024. The proceedings comprised Originating Application No 346 of 2024 and Originating Application No 141 of 2024 (Summons No 988 of 2024). Joint Stock Company (Power Machines - ZTL, LMZ, Electrosila Energomachexport), referred to as "PM", and Vietnam Oil and Gas Group, referred to as "PVN", were the claimant and first respondent respectively in an arbitration conducted under the Arbitration Rules of the Singapore International Arbitration Centre (6th Edition, 1 August 2016).

A final award was issued in the arbitration largely in favour of PM. In HC/OA 141/2024, PM obtained leave to enforce the Final Award pursuant to s 19 of the International Arbitration Act 1994 (2020 Rev Ed). The catchwords identify the issues as enforcement of a foreign award and recourse against an award by way of remission and setting aside, and the statutes engaged were the Arbitration Act and the International Arbitration Act. PVN's applicant counsel were drawn from Eldan Law LLP and TSMP Law Corporation, including Colin Ong, Kevin Elbert and Thio Shen Yi, while PM as respondent was represented by Braddell Brothers LLP, including Glenn Ang, Kronenburg Edmund Jerome and Sim Wei Min Stephanie.

[2024] SGHC 244 explained

Joint Stock Company (Power Machines - ZTL, LMZ, Electrosila Energomachexport) v Vietnam Oil and Gas Group ([2024] SGHC 244) is a Singapore judgment decided by the High Court (General Division) on 24 September 2024. It is categorised under Arbitration. Within this corpus it has since been cited by 3 other reported Singapore judgments, 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 244 about?

Joint Stock Company (Power Machines - ZTL, LMZ, Electrosila Energomachexport) v Vietnam Oil and Gas Group ([2024] SGHC 244) is a High Court (General Division) decision from 2024. Its published catchwords are “Arbitration — Enforcement — Foreign award”, “Arbitration — Award — Recourse against award — Remission”, and “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 244 consider?

The judgment refers to Arbitration Act (Cap 10), International Arbitration Act (Cap 143A), and International 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 244?

Within this corpus, [2024] SGHC 244 has been cited by 3 later reported Singapore judgments. 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

Following an arbitration conducted under the SIAC Rules in which a final award was issued largely in favour of Joint Stock Company (Power Machines – ZTL, LMZ, Electrosila Energomachexport) ("PM"), Vietnam Oil and Gas Group ("PVN") applied to set aside the order granting PM leave to enforce the award and to set aside the award's findings on liability and damages, alleging breach of natural justice and excess of jurisdiction. Chua Lee Ming J rejected PVN's challenge to the finding on damages, but found a breach of the rules of natural justice as to the finding on liability and, rather than setting it aside, remitted the matter to the Tribunal and stayed enforcement of the award. The setting-aside proceedings were suspended under Art 34(4) of the Model Law and the enforcement summons adjourned pending the Tribunal's decision.

What was decided in Vietnam Oil and Gas Group v Joint Stock Company (Power Machines) [2024] SGHC 244?

Decided by Chua Lee Ming J on 24 September 2024, the matter concerned enforcement of a foreign arbitral award and recourse against it by remission and setting aside. PM obtained leave under s 19 of the International Arbitration Act to enforce a final award issued largely in its favour.

Which arbitration rules governed the dispute in [2024] SGHC 244?

The arbitration between PM and PVN was conducted under the Arbitration Rules of the Singapore International Arbitration Centre (6th Edition, 1 August 2016). The Singapore proceedings involved Originating Applications No 346 and No 141 of 2024, with leave to enforce granted under the International Arbitration Act.

Statutes Cited

Cases Cited (2)

SLR (2)
[2007] 3 SLR(R) 86 [2022] 1 SLR 1080

Cited By (3)

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHC 244)