[2025] SGHC(I) 9 — REPUBLIC OF KOREA v MASON CAPITAL L.P. & Anor

Catchwords

Arbitration — Award — Recourse against award — Setting aside — Investor state arbitration — Arbitration agreement — Whether claims fell within the scope of submission to arbitration — Articles 34(2)(a)(i) and 34(2)(a)(iii) UNCITRAL Model Law on International Commercial Arbitration Arbitration — Award — Recourse against award — Setting aside — Breach of natural justice — Arbitral tribunal declining to admit additional evidence after hearing — Whether respondent in arbitration deprived of opportunity to present its case — Section 24(b) International Arbitration Act 1994 — Article 34(2)(a)(ii) UNCITRAL Model Law on International Commercial Arbitration Arbitration — Award — Recourse against award — Setting aside — Jurisdiction — Host state’s government officials found to have acted in violation of free trade agreement — Host state objecting that acts were not “measures adopted or maintained” by host state “relating to” claimant in arbitration — Host state objecting that claimant in arbitration was not “investor” and lacked standing — Whether host state’s objections jurisdictional in nature — Articles 34(2)(a)(i) and 34(2)(a)(iii) UNCITRAL Model Law on International Commercial Arbitration Arbitration — Award — Recourse against award — Setting aside — Arbitral tribunal ruling on certain jurisdictional objections in initial decision and other jurisdictional objections in final award — Respondent in arbitration appealing against tribunal’s rulings on jurisdiction only in setting-aside application — Whether defendant in arbitration precluded from raising jurisdictional objection addressed in initial decision — Section 10(3) International Arbitration Act 1994 — Article 16(3) UNCITRAL Model Law on International Commercial Arbitration

Practice Areas

Arbitration

Judges (3)

Anselmo Reyes Coram Peter Meier-Beck Coram Philip Jeyaretnam Delivered

Counsel (15)

Duxton Hill Chambers Firm Rachel Low LLC Firm WongPartnership LLP Firm Chloe Natasha Caenaro Counsel Claimant Chua Xin Yi Cindy Counsel Claimant Daniel Gaw Wai Ming Counsel Claimant Koh Swee Yen Counsel Claimant Lim Wen Juin (Lin Wenjun) Counsel Defendant Lin Weiqi Wendy Counsel Claimant Low Yi Heng Samuel Counsel Claimant Matthew Gearing KC Counsel Defendant Pang Yi Ching Alessa Counsel Claimant Quek Yi Zhi Joel (Guo Yizhi) Counsel Claimant Rachel Low Tze-Lynn Counsel Defendant Victoria Liu Xin Er Counsel Claimant

Parties (3)

Mason Capital L.P. Defendant Mason Management LLC Defendant Republic of Korea Claimant

Summary

The Republic of Korea applied to set aside an arbitral award in favour of Mason Capital in an investor-state dispute under the Korea-US Free Trade Agreement, arising from government actions affecting Samsung's attempted merger with Cheil Industries. The SICC dismissed the setting aside application on all grounds including jurisdiction, natural justice, and procedural irregularity, and awarded Mason costs including US$1,200,000 for foreign counsel fees reduced from the US$1.84 million claimed.

Statutes Cited

Arbitration Act (Cap 10)

International Arbitration Act (Cap 143A)

s 10(3)

UK Arbitration Act (Cap 10)

s 67

Cases Cited (13)

SG (1)

[2024] SGHC(I) 8

SLR (11)

[2013] 1 SLR 125 [2014] 1 SLR 372 [2014] 3 SLR 481 [2015] 3 SLR 154 [2016] 5 SLR 536 [2019] 1 SLR 263 [2019] 2 SLR 131 [2020] 1 SLR 695 [2020] 2 SLR 453 [2022] 4 SLR 314 [2023] 1 SLR 96

UK (1)

[2024] EWHC 2037