DKT v DKU (Singapore Court of Appeal [2025] SGCA 23)

Procedural record

1. 9 May 2025Singapore

   9 May 2025Singapore

   Grounds of decision of the Court of Appeal of Singapore in the case Civil Appeal No 73 of 2024 dated 9 May 2025

   Court of Appeal of Singapore

   Case no.

   Civil Appeal No 73 of 2024

   Citation

   [2025] SGCA 23

   Decision summary

   The Court of Appeal dismissed DKT's appeal against the dismissal of its application to set aside the arbitral award, holding that the tribunal had considered the pleaded defences and wrong-core-sample arguments and had not breached the fair-hearing rule. The court upheld the award and ordered DKT to pay indemnity costs of $70,000 and disbursements of $3,349.88.

   Participants

   Application

   Application to set aside the arbitral award — Dismissed

   DKT

   Representative

   Tan Tian Luh (For: DKT)

   Representative

   Tan Xian Ying (For: DKT)

   Representative

   Chancery Law Corporation (For: DKT)

   DKU

   Expert

   Mr K (For: DKU)

   Representative

   Zhuo Jiaxiang (For: DKU)

   Representative

   Ngo Wei Shing (For: DKU)

   Representative

   Providence Law Asia LLC (For: DKU)

   Court of Appeal of Singapore

   Judge

   Sundaresh Menon CJ

   Judge

   Steven Chong JCA

   Judge

   Belinda Ang Saw Ean JCA

   Authorities cited

   13

   • Arbitration Act 2001 (2020 Revised Edition) (Arbitration Act 2001 (2020 Rev Ed))
     statute
   • DEM v DEL [2025] 1 SLR 29
     case
   • Palm Grove Beach Hotels Pvt Ltd v Hilton Worldwide Manage Ltd and another [2025] 1 SLR 526
     case
   • China Machine New Energy Corp v Jaguar Energy Guatemala LLC and another [2020] 1 SLR 695
     case
   • Bintai Kindenko Pte Ltd v Samsung C&T Corp [2018] 2 SLR 532
     case
   • TMM Division Maritima SA de CV v Pacific Richfield Marine Pte Ltd [2013] 4 SLR 972
     case
   • AKN and another v ALC and another and other appeals [2015] 3 SLR 488
     case
   • BZW and another v BZV [2022] 1 SLR 1080
     case
   • BLC and others v BLB and another [2014] 4 SLR 79
     case
   • L W Infrastructure Pte Ltd v Lim Chin San Contractors Pte Ltd and another appeal [2013] 1 SLR 125
     case
   • Front Row Investment Holdings (Singapore) Pte Ltd v Daimler South East Asia Pte Ltd [2010] SGHC 80
     case
   • India Glycols Ltd and another v Texan Minerals and Chemicals LLC [2025] SGHC 28
     case
   • Crédit Agricole Corporate & Investment Bank, Singapore Branch v PPT Energy Trading Co Ltd and another appeal [2024] 2 SLR 143
     case
2. Date not availableArbitration

   Date not availableArbitration

   Arbitral award requiring payment of around $2m

   Decision summary

   The tribunal found that, in at least 246 instances, the appellant had charged the respondent for crack-repair works where no repairs were necessary and ordered payment of around $2m in favour of the respondent.

   Participants

   DKT

   DKU