ONGC Petro additions Limited v Daelim Industrial Company Limited

[2023] SGHC 197 High Court (General Division) 24 July 2023 HC/OA 91/2022

8 cases cited Cited by 1 case

Key facts

Court	High Court (General Division)
Decided	24 July 2023
Judge	S Mohan
Charges / claim	Arbitration
Counsel	Drew & Napier LLC, WongPartnership LLP, Hudson Wong, Jimmy Yim Wing Kuen, Koh Swee Yen, Leo Zhen Wei Lionel, Loo Chuan Shen Don, Mahesh Rai s/o Vedprakash Rai, Md Noor E Adnaan, Samuel Soo Kuok Heng, T Abirami, Yap Keong Wee Brandon

Source: [2023] SGHC 197, High Court (General Division), decided 24 July 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Arbitration — Award — Recourse against award — Setting aside — Breach of natural justice — Whether Quantum Award was manifestly incoherent Arbitration — Award — Recourse against award — Setting aside — Whether Tribunal was functus officio — Whether Tribunal exceeded its jurisdiction by reversing findings made in Liability Award

Practice Areas

Arbitration

Judges (1)

S Mohan Delivered

Counsel (12)

Drew & Napier LLC Firm WongPartnership LLP Firm Hudson Wong Counsel for the claimant Jimmy Yim Wing Kuen Counsel for the defendant Koh Swee Yen Counsel for the claimant Leo Zhen Wei Lionel Counsel for the claimant

Loo Chuan Shen Don Counsel for the defendant

Mahesh Rai s/o Vedprakash Rai Counsel for the defendant Md Noor E Adnaan Counsel for the claimant Samuel Soo Kuok Heng Counsel for the defendant T Abirami Counsel for the claimant

Yap Keong Wee Brandon Counsel for the defendant

Parties (2)

DL E&C Co, Ltd (formerly known as Daelim Industrial Co Ltd) Defendant

ONGC Petro additions Ltd Claimant

Case Significance

ONGC Petro additions Ltd v DL E&C Co, Ltd (formerly known as Daelim Industrial Co Ltd) [2023] SGHC 197 is a reserved judgment of S Mohan J in the General Division of the High Court, delivered on 24 July 2023 in Originating Application No 91 of 2022. The application arose from an arbitration bifurcated into liability and quantum phases, in which the claimant ONGC Petro additions Limited ("OPAL"), an Indian joint venture petrochemical company, succeeded on liability but was awarded only nominal damages after the tribunal found it had failed to prove its pleaded loss at the quantum stage. OPAL applied to set aside the quantum award on the grounds that the tribunal exceeded its jurisdiction and breached natural justice by reversing findings allegedly made in the Liability Award; S Mohan J dismissed the application, with the catchwords addressing functus officio and whether the Quantum Award was manifestly incoherent under the Arbitration Act and International Arbitration Act.

Summary

ONGC Petro additions Limited (OPAL) applied to set aside a bifurcated arbitration's quantum award against DL E&C Co (formerly Daelim Industrial), arising from a contract to build a High-Density Polyethylene plant in Gujarat, India. Though OPAL succeeded on liability, the tribunal awarded only nominal damages after finding it failed to prove its pleaded loss. OPAL argued the tribunal exceeded its jurisdiction and breached natural justice by reversing liability findings; the court dismissed the application.

What was ONGC Petro additions Ltd v Daelim [2023] SGHC 197 about?

It was an application before S Mohan J, decided on 24 July 2023, by ONGC Petro additions Limited (OPAL) to set aside a bifurcated arbitration's quantum award that granted only nominal damages, alleging the tribunal exceeded its jurisdiction and breached natural justice.

What did the court decide in [2023] SGHC 197?

S Mohan J dismissed OPAL's application to set aside the quantum award, which had followed a bifurcated arbitration where OPAL won on liability but received only nominal damages, addressing functus officio and whether the award was manifestly incoherent.