Sacofa Sdn Bhd v Super Sea Cable Networks Pte. Ltd. & Anor

Case Significance

Sacofa Sdn Bhd v Super Sea Cable Networks Pte Ltd and another [2024] SGHC 54 was decided by the General Division of the High Court on 28 February 2024, with Wong Li Kok, Alex JC delivering the grounds of decision. The matter, Originating Application No 1057 of 2023, was an application by the claimant Sacofa Sdn Bhd to set aside arbitral award No 089 of 2023 dated 14 July 2023, made in SIAC Arbitration No 304 of 2022 by a sole arbitrator. The underlying dispute arose out of a telecommunications project in Malaysia, in which the claimant had contracted with the first respondent, Super Sea Cable Networks Pte Ltd, to build and operate a telecommunications cable system to be landed in Malaysia from Singapore; the relationship soured when the claimant re-entered the land on which the system was to be built.

As framed by the catchwords, the application to set aside the award raised issues including competing arbitration and non-exclusive jurisdiction clauses and whether the tribunal exceeded its jurisdiction, whether the award contravened foreign law and public policy, whether it contravened Singapore public policy, and estoppel in the conduct of the arbitration. A key issue concerned the conflicting dispute resolution clauses and which contract formed the centre of gravity of the parties' dispute. The claimant was represented by TSMP Law Corporation and David Lim & Partners LLP, and the respondents, including SEAX Malaysia Sdn Bhd, by firms including Calvin Liang LLC, JFN Chambers LLC and Wong Thai Yong LLC. The judgment cited several statutes including the Arbitration Act and the International Arbitration Act.