Tsudakoma Corp. v Global Trade Well Pte Ltd
Outcome
Appeal allowedI allow the appeal and grant a stay of the Singapore proceedings.
Source: [2023] SGHC 26, High Court (General Division), decided 3 February 2023. Read directly from the judgment.
Key facts
| Court | High Court (General Division) |
|---|---|
| Decided | |
| Judge | Choo Han Teck |
| Charges / claim | Civil Procedure, Conflict Of Laws |
| Outcome | Appeal allowed |
| Counsel | Joyce A. Tan & Partners LLC, Oon & Bazul LLP, Esther Yong, Levin Lin Lok Yan, Lim Ying Sin Daniel, Prakaash s/o Paniar Silvam |
Source: [2023] SGHC 26, High Court (General Division), decided — eLitigation. Updated .
Catchwords
Practice Areas
Judges (1)
Counsel (6)
Case Significance
Tsudakoma Corp v Global Trade Well Pte Ltd [2023] SGHC 26 is a judgment of the General Division of the High Court, with judgment reserved by Choo Han Teck J and delivered on 3 February 2023 in Originating Claim No 135 of 2022 (Registrar's Appeal No 340 of 2022). The appeal challenged an order dismissing an application in HC/SUM 3436/2022 for a stay of proceedings in Singapore. The appellant, Global Trade Well Pte Ltd, a Singapore-incorporated international commodity trading company and defendant, sought the stay against the respondent claimant Tsudakoma Corp, a Japanese textile machine manufacturer. The dispute concerned Memoranda of Understanding signed in 2017 and 2018 appointing Global Trade Well as a dealer for Tsudakoma's products, and raised issues of stay of proceedings and exclusive choice of jurisdiction.
[2023] SGHC 26 explained
Tsudakoma Corp. v Global Trade Well Pte Ltd ([2023] SGHC 26) is a Singapore judgment decided by the High Court (General Division) on 3 February 2023. It is categorised under Civil Procedure and Conflict Of Laws. It is a recent decision; within this corpus no later judgment has cited it yet. 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 26 about?
Tsudakoma Corp. v Global Trade Well Pte Ltd ([2023] SGHC 26) is a High Court (General Division) decision from 2023. Its published catchwords are “Civil Procedure — Stay of proceedings” and “Conflict Of Laws — Choice of jurisdiction — Exclusive”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.
Summary
Global Trade Well Pte Ltd, a Singapore commodity trader appointed as dealer for Japanese textile machine manufacturer Tsudakoma Corp, appealed against the refusal of its application to stay Singapore proceedings, relying on a clause in the parties' Memorandum of Understanding said to confer exclusive jurisdiction on Japan. The court rejected Tsudakoma's argument that seeking the stay was an abuse of process and held that Tsudakoma had not shown strong cause to refuse a stay. The appeal was allowed and the Singapore proceedings stayed.
What did Tsudakoma Corp v Global Trade Well [2023] SGHC 26 concern?
Decided by Choo Han Teck J on 3 February 2023, it was an appeal against dismissal of an application in HC/SUM 3436/2022 for a stay of Singapore proceedings, raising issues of stay of proceedings and exclusive choice of jurisdiction between a Japanese manufacturer and a Singapore dealer.
Who were the parties in [2023] SGHC 26?
The appellant was Global Trade Well Pte Ltd, a Singapore-incorporated international commodity trading company and defendant, and the respondent was Tsudakoma Corp, a Japanese textile machine manufacturer and claimant. Their relationship arose from Memoranda of Understanding signed in 2017 and 2018 appointing Global Trade Well as a dealer.
Cases Cited (1)
Related cases
Other Singapore judgments involving the same parties or counsel.
Referenced in
Legal concepts & references
Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2023] SGHC 26)