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Conyers’ Smith and Hobden Successful in the Court of Appeal

November 2015 Ben HobdenPaul Smith

On 13 November the Court of Appeal found in favour of Conyers’ Paul Smith and Ben Hobden by rejecting an appeal and upholding the first instance decision of Jones J in the matter of MNC Media Investment Limited -v- Ang Choon Beng.

The matter concerned the interpretation and enforcement of a clause within a Final Arbitration Award of the Singapore International Arbitration Centre which, it was argued by Conyers, enabled the Respondent, Mr. Ang, to recover costs and interest arising out of the Final Arbitration Award on a free-standing basis. The Appellant had sought to argue that the Final Arbitration Award did not give Mr. Ang any free-standing right to enforce the award of costs and interests and that instead it was tied to a complex completion mechanism with the Final Arbitration Award, or, in the alternative, that the Final Arbitration Award was void due to its ambiguity.

Requiring only an hour of deliberation prior to handing down judgment, the Court of Appeal held that the interpretation of the Final Arbitration Award proffered by Conyers was the ‘plain and natural meaning’ of the Final Arbitration Award, particularly given the mandatory language of the Final Arbitration Award as to costs and interest. The appeal was dismissed accordingly.

 


Ben Hobden
Partner

Cayman Islands   +1 345 814 7366


Paul Smith
Partner, Head of Cayman Islands Litigation & Restructuring Practice

Cayman Islands   +1 345 814 7777


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