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

[2023] SGHC(I) 23 Singapore International Commercial Court 1 December 2023 SIC/OA 14/2023 99 min read
31 cases cited (21 SG, 10 foreign) Cited by 1 case

Key facts

Court Singapore International Commercial Court
Decided
Judge Simon Thorley
Charges / claim Arbitration
Counsel Rajah & Tann Singapore LLP, TSMP Law Corporation, Chua Han Yuan Kenneth (Cai Han Yuan), Jodi Siah Be Koen, Kok Chee Yong Jared, Liew Wey-ren Colin, Tan Shi Ying Crystal, Thio Shen Yi

Source: [2023] SGHC(I) 23, Singapore International Commercial Court, decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (8)

Parties (5)

Case Significance

Gate Gourmet Korea Co, Ltd and others v Asiana Airlines, Inc [2023] SGHC(I) 23 was a decision of the Singapore International Commercial Court by Simon Thorley IJ in Originating Application No 14 of 2023, heard on 15 September and 10 November 2023 with judgment reserved and delivered on 1 December 2023. The application arose from a long-running dispute over four catering agreements between Asiana Airlines, part of the Kumho Asiana Group, and the applicants, including Korean caterer Gate Gourmet Korea, a joint venture between Swiss company Gate Gourmet Switzerland GMBH and Asiana. The judgment addressed the scope of the arbitration agreement, arbitrability and public policy, and the restraint of foreign judicial proceedings, drawing on 31 cited authorities.

[2023] SGHC(I) 23 explained

GATE GOURMET KOREA CO., LTD. & 3 Ors v ASIANA AIRLINES, INC ([2023] SGHC(I) 23) is a Singapore judgment decided by the Singapore International Commercial Court on 1 December 2023. 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 [2023] SGHC(I) 23 about?

GATE GOURMET KOREA CO., LTD. & 3 Ors v ASIANA AIRLINES, INC ([2023] SGHC(I) 23) is a Singapore International Commercial Court decision from 2023. Its published catchwords are “Arbitration — Agreement — Scope”, “Arbitration — Arbitrability and public policy”, and “Arbitration — Restraint of proceedings — Foreign judicial”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2023] SGHC(I) 23 consider?

The judgment refers to Arbitration Act (Cap 10), Civil Law Act (Cap 43), Supreme Court of Judicature Act (Cap 322), and UK Arbitration Act (Cap 10). The statutes cited are listed in full on this page, each linking to its primary text.

What earlier Singapore cases does [2023] SGHC(I) 23 cite?

Among the in-corpus authorities it refers to are [2023] SGHC(I) 6. The complete list of cases cited, and of later cases that cite this decision, is shown on this page.

How influential is [2023] SGHC(I) 23?

Within this corpus, [2023] SGHC(I) 23 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.

What was Gate Gourmet Korea v Asiana Airlines [2023] SGHC(I) 23 about?

It was a Singapore International Commercial Court application decided by Simon Thorley IJ arising from a dispute over four catering agreements between Asiana Airlines and Gate Gourmet, addressing the scope of the arbitration agreement, arbitrability, public policy and restraint of foreign proceedings, decided 1 December 2023.

Who were the parties in the Gate Gourmet v Asiana Airlines arbitration dispute ([2023] SGHC(I) 23)?

The applicants included Gate Gourmet Korea Co Ltd, a joint venture between Gate Gourmet Switzerland GMBH and Asiana, along with Christoph Schmitz and Xavier Rossinyol Espel. The respondent was Asiana Airlines Inc, part of the Kumho Asiana Group of companies.

Statutes Cited

Cases Cited (31)

SG (5)
[2017] SGHC 64 [2018] SGHC 56 [2018] SGHC 90 [2022] SGHC(I) 8 [2023] SGHC(I) 6
SLR (16)
[1997] 2 SLR(R) 148 [2011] 2 SLR 96 [2011] 4 SLR 503 [2013] 2 SLR 449 [2013] 3 SLR 409 [2015] 5 SLR 873 [2016] 1 SLR 373 [2017] 3 SLR 357 [2017] 4 SLR 1232 [2019] 1 SLR 732 [2020] 1 SLR 456 [2020] 4 SLR 1014 [2021] 2 SLR 753 [2022] 2 SLR 380 [2022] 3 SLR 103 [2023] 1 SLR 349
UK (9)
[2001] UKHL 64 [2002] 1 All ER 749 [2011] EWHC 3035 [2013] 1 WLR 102 [2017] EWHC 2401 [2019] EWHC 284 [2022] UKPC 21 [2023] UKPC 33 [2023] UKSC 32
AU (1)
[2016] FCA 1164

Cited By (1)

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 ([2023] SGHC(I) 23)