Wan Sern Metal Industries Pte Ltd v Hua Tian Engineering Pte Ltd (SIAC Arbitration No 166 of 2022)

Procedural record

1. 31 July 2023Singapore

   31 July 2023Singapore

   Arbitral Award dated 31 July 2023

   Singapore International Arbitration Centre

   Decision summary

   The arbitrator found that Wan Sern Metal Industries Pte Ltd was not entitled to terminate the subcontract, dismissed its claims, and allowed most of Hua Tian Engineering Pte Ltd's counterclaims, including a balance-work counterclaim of $776,694.51 and retention money of $90,780.07.

   Participants

   Wan Sern Metal Industries Pte Ltd

   Hua Tian Engineering Pte Ltd

   Singapore International Arbitration Centre

   1 year, 6 months and 13 days later · 563 days

2. 13 February 2025Singapore

   13 February 2025Singapore

   Judgment of the Court of Appeal of Singapore in the case Civil Appeal No 10 of 2024 dated 13 February 2025

   Court of Appeal of Singapore

   Case no.

   Civil Appeal No 10 of 2024

   Citation

   [2025] SGCA 5

   Decision summary

   The court allowed the appeal in part and set aside the arbitral award insofar as it concerned the balance-work counterclaim, holding that the arbitrator had failed to apply her mind to the parties' cases on an unpleaded expectation-damages issue and thereby breached natural justice. The court did not set aside the award on the other grounds raised.

   Participants

   Application

   Application to set aside the arbitral award — Allowed in part

   Wan Sern Metal Industries Pte Ltd

   Representative

   Ashok Kumar Rai (For: Wan Sern Metal Industries Pte Ltd)

   Representative

   Yeo Wei Ying Jolyn (For: Wan Sern Metal Industries Pte Ltd)

   Hua Tian Engineering Pte Ltd

   Representative

   Daniel Tay Yi Ming (For: Hua Tian Engineering Pte Ltd)

   Representative

   Lee Yun Long (For: Hua Tian Engineering Pte Ltd)

   Court of Appeal of Singapore

   Judge

   Sundaresh Menon

   Judge

   Steven Chong

   Judge

   Judith Prakash

   Authorities cited

   11

   • UNCITRAL Model Law on International Commercial Arbitration
     model-law
   • Singapore Arbitration Act 2001
     statute
   • Singapore International Arbitration Act 1994
     statute
   • Singapore Building and Construction Industry Security of Payment Act 2004
     statute
   • Singapore Rules of Court 2021
     statute
   • China Machine New Energy Corp v Jaguar Energy Guatemala LLC and another ([2020] 1 SLR 695)
     case-law
   • AKN and another v ALC and others and other appeals ([2015] 3 SLR 488)
     case-law
   • AKN and another v ALC and others and other appeals ([2016] 1 SLR 966)
     case-law
   • L W Infrastructure Pte Ltd v Lim Chin San Contractors Pte Ltd and another appeal ([2013] 1 SLR 125)
     case-law
   • Soh Beng Tee & Co Pte Ltd v Fairmount Development Pte Ltd ([2007] 3 SLR (R) 86)
     case-law
   • CAJ and another v CAI and another appeal ([2022] 1 SLR 505)
     case-law