Pertamina International Marketing & Distribution Pte. Ltd. v P-H-O-E-N-I-X Petroleum Philippines, Inc. (a.k.a. Phoenix Petroleum Philippines, Inc.) & Anor

Case Significance

Pertamina International Marketing & Distribution Pte Ltd v P-H-O-E-N-I-X Petroleum Philippines, Inc (also known as Phoenix Petroleum Philippines, Inc) and another [2024] SGHC(I) 27 was decided by Sir Henry Bernard Eder IJ in the Singapore International Commercial Court in Originating Application No 23 of 2023 (Summons No 27 of 2024), heard on 22 August 2024 with judgment delivered on 27 September 2024. The proceedings were brought in the matter of section 19 of the International Arbitration Act 1994 and Order 23, Rule 10 of the Singapore International Commercial Court Rules 2021. By SIC/SUM 27/2024, the second defendant, Udenna Corporation ("Udenna"), applied to set aside the attempted service of the originating process in SIC/OA 23/2023 effected on it on 22 April 2024 by the Philippines' Central Authority under the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, and for a declaration that the originating process had not been served by reason of non-compliance with the SICC Rules.

The underlying originating application, OA 23, was the claimant Pertamina International Marketing & Distribution Pte Ltd's ("PIMD") application to recognise and enforce a Final Award signed and dated 28 November 2023 in a SIAC arbitration. The catchwords identify the issues as civil procedure, service and setting aside. PIMD was represented by counsel from Prolegis LLC, including Chan Kit Munn Claudia, Charlene Wee Swee Ting, Daniel Chia Hsiung Wen and Ker Yanguang (Ke Yanguang), while the defendants were represented by counsel from Rajah & Tann Singapore LLP, including Ng Kim Beng, Jasmine Thing Khai Fang and Sim Daryl Larry.