Pacmar Shipping Pte Ltd v South of England Protection and Indemnity Association (Bermuda) Limited (In Liquidation)

Pacmar Shipping Pte Ltd, a Singapore shipping agent, took insurance cover for the 2008 and 2009 policy years from South of England Protection and Indemnity Association (Bermuda) Limited, a protection and indemnity club now in liquidation. The club said Pacmar was liable for unpaid calls and supplementary calls, and in 2017 began a London arbitration. Pacmar did not appoint an arbitrator, file a defence or take part. On 17 July 2019 the sole arbitrator issued an award ordering it to pay US$82,332.40 in unpaid calls plus interest and costs, and emailed the award to Pacmar's corporate address that day.

Pacmar did not pay. On 15 July 2025 the club applied in HC/OA 738/2025 under the International Arbitration Act 1994 for permission to recognise and enforce the award, which the court granted on 16 July 2025, entering judgment in its terms. Pacmar applied to set the order aside, arguing that enforcement was time-barred, that the underlying claims had themselves been time-barred, that it had no proper notice of the arbitration, and that laches applied. A High Court judge rejected all four arguments, and Pacmar appealed in Civil Appeal No 46 of 2025.

1. Whether the limitation period under s 6(1)(c) of the Limitation Act kept running until the recognition order was served or became final.
2. Whether the doctrine of laches could bar enforcement brought within the statutory limitation period.
3. Whether the court could revisit the arbitrator's treatment of the time bar on the underlying claims.
4. Whether Pacmar was given proper notice of the arbitration, and when time starts to run for enforcing an award.

On limitation, s 6(1)(c) says an action to enforce an award shall not be brought after six years. Counsel for Pacmar accepted that brought ordinarily means commenced, and time stops when the action is commenced, not when the order is served or the window to set it aside closes. Pacmar's reading would create uncertainty and reward evading service. Sinwa was distinguishable because there the leave application and the later arbitration were separate proceedings; an application to set aside a recognition order is made within the same enforcement proceedings. CDM v CDP and Man Diesel concerned when a leave order becomes final, not when an action is brought. Section 6(3), on actions upon judgments, is a separate regime that does not enlarge s 6(1)(c); recognition of an award and execution of the resulting judgment are distinct steps, as the Malaysian Federal Court and the Hong Kong Court of Appeal had also recognised.

Laches cannot shorten a statutory limitation period: a claimant given six years may act on the last day, and counsel could cite no authority to the contrary. The time bar on the underlying claims was a matter of admissibility that the arbitrator had considered; the court does not review the merits of an award.

On notice, the club produced courier confirmation of delivery of the notice of arbitration to Pacmar's registered office and a series of emails to an address Pacmar accepted was correct, including a read receipt. Pacmar's lack of records, which it said were lost in a 2019 cyberattack, did not rebut this.

Finally, the court clarified that time runs from when the award is not honoured. Absent a later date for performance, an award is payable on issue, so that date will usually coincide with the award date, as it did here.

The Court of Appeal, in grounds delivered by Steven Chong JCA, dismissed the appeal on 14 April 2026, with costs to the respondent club fixed at $40,000 (all-in) and the usual consequential orders. The recognition order stood.