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Sampoerna Strategic Holdings Ltd -v- (1) Huawei Tech Investments Co Ltd and (2) Huawei International Pte Ltd [2014] Bda LR 108 (19 November 2014)

November 2014 Arbitration

BERMUDA

COURT OF APPEAL

LEAVE TO ENTER JUDGMENT IN ARBITRATION - INDONESIAN LAW - EXCESS OF JURISDICTION - PLEADINGS - OPPORTUNITY TO PRESENT CASE - PUBLIC POLICY

The issue in this Appeal was whether the Supreme Court correctly gave leave to the Respondents to the Appeal to enter judgment against the Appellant in the terms of a Consolidated Final Award dated 27 June 2013 (the “Award”) issued by the Singapore International Arbitration Centre (“SIAC”). The Appellant was a Bermudian company named Sampoerna Strategic Holdings Ltd. The Respondents (the Claimants in two arbitrations against the Appellant) were Huawei Tech Investments Co Ltd (a Hong Kong company) and Huawei International Pte Ltd (a Singapore company).

In short, the Arbitral Tribunal had awarded the sums claimed by the Respondents, not on the grounds advanced in the Statements of Claim, which were rejected, but under the provisions of Article 1316 of the Singapore Civil Code, which was not expressly pleaded. The Appellant now contended that: 1. the Award dealt with disputes not contemplated by and not falling within the terms of the submission to arbitration; 2. the Award contained decisions on matters beyond the scope of the submissions to arbitration; 3. the Respondent was unable to present its case; and 4. the enforcement of the Award would be contrary to public policy.

 

To continue reading full articles in PDF format:
Sampoerna Strategic Holdings Ltd -v- (1) Huawei Tech Investments Co Ltd and (2) Huawei International Pte Ltd [2014] Bda LR 108 (19 November 2014)

 

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EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel: +1 441 298 7814
Email: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel: +1 284 852 1113
Email: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel: +1 345 814 7777
Email: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, QC
Tel: +852 2842 9553
Email: nigel.meeson@conyersdill.com

Offshore Cases

Sampoerna Strategic Holdings Ltd -v- (1) Huawei Tech Investments Co Ltd and (2) Huawei International Pte Ltd [2014] Bda LR 108 (19 November 2014)

20 November 2014

BERMUDA

COURT OF APPEAL

LEAVE TO ENTER JUDGMENT IN ARBITRATION - INDONESIAN LAW - EXCESS OF JURISDICTION - PLEADINGS - OPPORTUNITY TO PRESENT CASE - PUBLIC POLICY

The issue in this Appeal was whether the Supreme Court correctly gave leave to the Respondents to the Appeal to enter judgment against the Appellant in the terms of a Consolidated Final Award dated 27 June 2013 (the “Award”) issued by the Singapore International Arbitration Centre (“SIAC”). The Appellant was a Bermudian company named Sampoerna Strategic Holdings Ltd. The Respondents (the Claimants in two arbitrations against the Appellant) were Huawei Tech Investments Co Ltd (a Hong Kong company) and Huawei International Pte Ltd (a Singapore company).

In short, the Arbitral Tribunal had awarded the sums claimed by the Respondents, not on the grounds advanced in the Statements of Claim, which were rejected, but under the provisions of Article 1316 of the Singapore Civil Code, which was not expressly pleaded. The Appellant now contended that: 1. the Award dealt with disputes not contemplated by and not falling within the terms of the submission to arbitration; 2. the Award contained decisions on matters beyond the scope of the submissions to arbitration; 3. the Respondent was unable to present its case; and 4. the enforcement of the Award would be contrary to public policy.

 

To continue reading full articles in PDF format:
Sampoerna Strategic Holdings Ltd -v- (1) Huawei Tech Investments Co Ltd and (2) Huawei International Pte Ltd [2014] Bda LR 108 (19 November 2014)

 

 

EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel.: +1 441 298 7814
Email.: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel.: +1 284 852 1113
Email.: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel.: +1 345 814 7777
Email.: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, Q.C.
Tel.: +852 2842 9553
Email.: nigel.meeson@conyersdill.com