Matter
Singapore Commodities Group Co, Pte Ltd v Founder Group (Hong Kong) Ltd (Singapore Court of Appeal [2026] SGCA 24)
Arbitration over an alleged copper-cathodes debt, with Singapore winding-up proceedings addressing creditor standing while the debt remained unresolved by arbitration.
Procedural record
- 20 November 2023Arbitration
20 November 2023Arbitration
CIETAC arbitration award concerning the alleged US$14,117,585.50 debt under the copper cathodes Purchase Contract
China International Economic and Trade Arbitration Commission
- Decision summary
- The tribunal rejected the jurisdictional objections and declined the appellant’s requested negative declaration, but expressly made no finding whether the alleged debt existed because the respondent had not brought a counterclaim. The tribunal also questioned whether the respondent had performed its delivery obligations under the Purchase Contract.
Participants
Singapore Commodities Group Co, Pte Ltd
Founder Group (Hong Kong) Ltd
China International Economic and Trade Arbitration Commission
7 months and 29 days later · 242 days
- 19 July 2024Singapore
19 July 2024Singapore
Decision of the General Division of the High Court of Singapore in the case Founder Group (Hong Kong) Ltd v Singapore Commodities Group Co, Pte Ltd
General Division of the High Court of Singapore
- Decision summary
- The court ordered payment of US$14,117,585.50 to the respondent and granted leave to discontinue the winding-up application.
1 year and 2 days later · 367 days
- 21 July 2025Singapore
21 July 2025Singapore
Decision of the Court of Appeal of Singapore in the case Singapore Commodities Group Co, Pte Ltd v Founder Group (Hong Kong) Ltd dated 2025
Court of Appeal of Singapore
- Decision summary
- The court set aside the payment-out order, reinstated the winding-up application, and remitted it to the High Court because the respondent had not established the alleged debt in the arbitration.
9 months and 17 days later · 291 days
- 8 May 2026Singapore
8 May 2026Singapore
Decision of the Court of Appeal of Singapore in the case Civil Appeal No 36 of 2025 dated 8 May 2026
Court of Appeal of Singapore
- Decision summary
- The court allowed the appeal, set aside the winding-up order, and dismissed Companies Winding Up No 120 of 2022 because the respondent had not established standing as a creditor or contingent creditor while the alleged debt remained unresolved by arbitration. It held that the appellant had not abused the court’s process by disputing the alleged debt, ordered the return of US$14,117,585.50 with accrued interest, and awarded indemnity costs against the respondent.
Participants
Singapore Commodities Group Co, Pte Ltd
- Representative
- William Ong (For: Singapore Commodities Group Co, Pte Ltd)
Founder Group (Hong Kong) Ltd (in liquidation)
- Representative
- Hoang Linh Trang (For: Founder Group (Hong Kong) Ltd (in liquidation))
Court of Appeal of Singapore
- Judge
- Steven Chong
- Judge
- Ang Cheng Hock
- Judge
- Kannan Ramesh