DFL v DFM

Case Significance

DFL v DFM [2024] SGHC 71 was decided by the General Division of the High Court of Singapore on 15 March 2024, in Originating Application No 882 of 2022 (Summons No 2625 of 2023), with grounds of decision delivered by Chua Lee Ming J after hearings on 29 January and 6 February 2024. The matter was the respondent's application to set aside an order (the "Enforcement Order") that had granted the applicant permission to enforce a Provisional Award on Interim Relief (the "Provisional Award") issued in an arbitration conducted under the Dubai International Arbitration Centre Rules 2022 (the "DIAC Rules"). According to the judgment, the underlying arbitration agreement had provided for arbitration under the Dubai International Financial Centre–London Court of International Arbitration Rules (the "DIFC-LCIA Rules"), but in 2021 the Dubai International Financial Centre Arbitration Institute was abolished and the DIFC-LCIA Rules ceased to be operative, after which the applicant filed his request for arbitration with the newly established Dubai International Arbitration Centre under the DIAC Rules. The main issue was whether the respondent had submitted to the arbitration commenced and conducted under the DIAC Rules. The judgment noted that on 17 August 2018 the parties had entered into a Settlement Agreement under which the respondent agreed to purchase the applicant's shares in a company. The catchwords record arbitration issues of tribunal jurisdiction, conduct of arbitration and rules, an interim award, and enforcement of a foreign award. The applicant was represented by counsel including Kyle Chong Kee Cheng, Lau Hui Ming Kenny and Zhuo Jiaxiang of Providence Law Asia LLC, with the respondent represented by Mahesh Rai s/o Vedprakash Rai and Soon Ser Jia Clarissa of Drew & Napier LLC. The judgment also referenced the Arbitration Act and the International Arbitration Act.