Cooperativa Muratori and Cementisti - C.M.C. di Ravenna, Italy v Department of Water Supply & Sewerage Management, Kathmandu & Anor [2025] SGHC(I) 16 (25 June 2025)

Cooperativa Muratori and Cementisti - C.M.C. di Ravenna, Italy v Department of Water Supply & Sewerage Management, Kathmandu & Anor [2025] SGHC(I) 16 (25 June 2025)

The parties' express designation of Singapore as the 'Place of Arbitration' constituted an agreement for Singapore to be the seat, conferring exclusive supervisory jurisdiction on Singapore courts. The Second Annulment Application in Nepal was a breach of the arbitration agreement. MB was not entitled to sovereign immunity as it was a separate entity engaged in a commercial transaction, not exercising sovereign authority. There were no strong reasons to decline enforcement of the parties' agreement. An interim anti-suit injunction was therefore granted to restrain MB from pursuing the Nepalese proceedings.

Citation
[2025] SGHC(I) 16
Parties
Claimant: Cooperativa Muratori and Cementisti - CMC di Ravenna, Italy; First Defendant: Department of Water Supply & Sewerage Management, Kathmandu; Second Defendant: Melamchi Water Supply Development Board
Jurisdiction
Singapore
Judgment Date
25 June 2025
Procedural Posture
Originating Application (summons) / Interim Application for Anti Suit Injunction
Outcome
Interim anti-suit injunction granted
Legal Topics
Anti Suit Injunction, Arbitration Agreement Enforcement, Sovereign Immunity, Seat of Arbitration, Restraint of Foreign Proceedings
Arbitration Conflict of Laws International Law Anti Suit Injunction Arbitration Agreement Enforcement Sovereign Immunity Seat of Arbitration Restraint of Foreign Proceedings

Case Brief

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Parties

Cooperativa Muratori and Cementisti - CMC di Ravenna, Italy

Claimant

Department of Water Supply & Sewerage Management, Kathmandu

First Defendant

Melamchi Water Supply Development Board

Second Defendant

Procedural Posture

Originating Application (summons) / Interim Application for Anti Suit Injunction

Legal Issues

  1. 1 Whether an interim anti-suit injunction should be granted to restrain foreign proceedings challenging the seat of arbitration decision
  2. 2 Whether the Melamchi Water Supply Development Board is entitled to sovereign immunity under Singapore law

Ratio Decidendi

The parties' express designation of Singapore as the 'Place of Arbitration' constituted an agreement for Singapore to be the seat, conferring exclusive supervisory jurisdiction on Singapore courts. The Second Annulment Application in Nepal was a breach of the arbitration agreement. MB was not entitled to sovereign immunity as it was a separate entity engaged in a commercial transaction, not exercising sovereign authority. There were no strong reasons to decline enforcement of the parties' agreement. An interim anti-suit injunction was therefore granted to restrain MB from pursuing the Nepalese proceedings.

Court Disposition

Interim anti-suit injunction granted

Orders

  • MB restrained from pursuing or continuing to pursue Case No. 081-RE-0639 and/or Case No. 081-RE-1194 before the High Court Patan in Nepal until the final determination of OA 18.
  • MB restrained from pursuing or continuing to pursue any proceedings in relation to the setting aside of or challenge to the arbitral tribunal's Seat Decision (ARB 331/22/BSB dated 20 August 2024) until the final determination of OA 18.