NAVAYO INTERNATIONAL A.G. & Anor v MINISTRY OF DEFENCE, GOVERNMENT OF INDONESIA
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Navayo International AG and another v Ministry of Defence, Government of Indonesia [2024] SGHC(I) 28 was decided by the Singapore International Commercial Court 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 alongside S Mohan J and Sir Jeremy Lionel Cooke IJ, heard on 10 September 2024 and reserved to 4 October 2024. The plaintiffs, Navayo International AG and MEHIB - Hungarian Export Credit Insurance Pte Ltd, had obtained leave to enforce an arbitral award made against the Ministry of Defence, Government of Indonesia in a Singapore-seated arbitration; the award totalled US$16m (excluding interest and costs), with US$10.2m to Navayo and US$5.8m to MEHIB.
The Ministry of Defence applied in HC/SUM 589/2023 to set aside the enforcement order, in HC/SUM 606/2023 for leave to file further affidavits, in HC/SUM 607/2023 for sealing and redaction orders, and, after transfer to the SICC, in SIC/SUM 11/2023 for a retrospective extension of time to file SUM 589. Those applications were decided in Navayo International AG and another v Ministry of Defence, Government of Indonesia [2024] 6 SLR 1, issued on 22 April 2024. The present judgment, on the catchword of Civil Procedure - Costs, engaged the State Immunity Act. The plaintiffs were represented by Drew & Napier LLC, including Mahesh Rai s/o Vedprakash Rai, Melissa Ng Li Ling and Yong Wei Jun Jonathan.
Summary
After the Singapore International Commercial Court had dismissed applications by the Ministry of Defence of the Government of Indonesia relating to a Singapore-seated arbitral award of US$16m enforced by Navayo International AG and MEHIB, and had ordered the Ministry to pay the plaintiffs' costs with liberty to apply, the court determined the quantum of those costs. No application for a different order had been made and agreement on costs was not reached, with procedural questions arising after the Ministry's solicitors had ceased to act. The court accepted the amounts claimed by the plaintiffs, save for a limited reduction to the pre-transfer costs, and determined the costs to be paid by the Ministry at $233,887.70.
What was the arbitral award enforced in Navayo International AG v Ministry of Defence, Government of Indonesia?
In [2024] SGHC(I) 28, the plaintiffs Navayo International AG and MEHIB - Hungarian Export Credit Insurance Pte Ltd obtained leave to enforce a Singapore-seated arbitral award against Indonesia's Ministry of Defence totalling US$16m, with US$10.2m to Navayo and US$5.8m to MEHIB, excluding interest and costs.
What applications did the Ministry of Defence make in Navayo International AG v Ministry of Defence, Government of Indonesia?
The Ministry of Defence applied to set aside the enforcement order (SUM 589), for leave to file further affidavits (SUM 606), for sealing and redaction orders (SUM 607), and, after transfer to the SICC, for an extension of time (SUM 11), decided in [2024] 6 SLR 1.
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Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2024] SGHC(I) 28)