NAVAYO INTERNATIONAL A.G. & Anor v MINISTRY OF DEFENCE, GOVERNMENT OF INDONESIA

Case Significance

NAVAYO INTERNATIONAL A.G. & Anor v MINISTRY OF DEFENCE, GOVERNMENT OF INDONESIA [2024] SGHC(I) 10 was decided by the Singapore International Commercial Court on 22 April 2024, in Originating Summons No 2 of 2023 (Summonses Nos 11, 589, 606 and 607 of 2023), with Roger Giles IJ delivering the judgment of the court on behalf of a coram that also included S Mohan J and Sir Jeremy Lionel Cooke IJ, after hearings on 11 and 12 September and 7 November 2023. The plaintiffs were Navayo International A.G., a company incorporated under the laws of Liechtenstein in the business of creating end-to-end secured communication systems, and MEHIB – Hungarian Export Credit Insurance Pte Ltd, a Hungarian state-owned entity. The defendant was the Ministry of Defence, Government of Indonesia. The catchwords record that the applications concerned setting aside an order granting leave to enforce an arbitral award in the same manner as a judgment of the court, a retrospective extension of time to file such a setting-aside application, the requirements for valid service of documents out of jurisdiction on a "State" within the meaning of the State Immunity Act 1979, arbitration confidentiality through redaction and sealing orders, and leave to file further affidavits. The plaintiffs were represented by Drew & Napier LLC and the defendant by Rajah & Tann Singapore LLP, and the judgment referenced the Arbitration Act, the Diplomatic and Consular Relations Act, the International Arbitration Act and the State Immunity Act.