Pertamina International Marketing & Distribution Pte. Ltd. v P-H-O-E-N-I-X Petroleum Philippines, Inc. (a.k.a. Phoenix Petroleum Philippines, Inc.) & Anor [2024] SGHC(I) 27 (27 September 2024)

Pertamina International Marketing & Distribution Pte. Ltd. v P-H-O-E-N-I-X Petroleum Philippines, Inc. (a.k.a. Phoenix Petroleum Philippines, Inc.) & Anor [2024] SGHC(I) 27 (27 September 2024)

The service of the originating process on Udenna Corporation at the BB Address was valid as it was effected in accordance with the method requested under Article 5(b) of the Hague Service Convention (service at the usual or last known place of business), which is not incompatible with Philippine law. The Certificate of service is prima facie evidence of valid service, and the evidence shows the BB Address was Udenna's usual or last known place of business. Udenna failed to provide strong and convincing evidence to rebut the presumption of valid service.

Citation
[2024] SGHC(I) 27
Parties
Claimant: Pertamina International Marketing & Distribution Pte Ltd; 1st Defendant: P-H-O-E-N-I-X Petroleum Philippines, Inc (also known as Phoenix Petroleum Philippines, Inc); 2nd Defendant: Udenna Corporation
Jurisdiction
Singapore
Judgment Date
27 September 2024
Procedural Posture
Originating Application / Summons to Set Aside Service of Originating Process
Outcome
Application dismissed
Legal Topics
Service of Process, Hague Service Convention, Recognition and Enforcement of Arbitral Awards, Jurisdiction
Civil Procedure International Commercial Law Service of Process Hague Service Convention Recognition and Enforcement of Arbitral Awards Jurisdiction

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Parties

Pertamina International Marketing & Distribution Pte Ltd

Claimant

P-H-O-E-N-I-X Petroleum Philippines, Inc (also known as Phoenix Petroleum Philippines, Inc)

1st Defendant

Udenna Corporation

2nd Defendant

Procedural Posture

Originating Application / Summons to Set Aside Service of Originating Process

Legal Issues

  1. 1 Whether service of originating process on Udenna Corporation in the Philippines was valid under the Hague Service Convention and Singapore law
  2. 2 Whether the method of service was incompatible with Philippine law
  3. 3 Whether the address and recipient of service were proper under the requested method

Ratio Decidendi

The service of the originating process on Udenna Corporation at the BB Address was valid as it was effected in accordance with the method requested under Article 5(b) of the Hague Service Convention (service at the usual or last known place of business), which is not incompatible with Philippine law. The Certificate of service is prima facie evidence of valid service, and the evidence shows the BB Address was Udenna's usual or last known place of business. Udenna failed to provide strong and convincing evidence to rebut the presumption of valid service.

Court Disposition

Application dismissed

Orders

  • SUM 27 dismissed
  • Declaration that service of OA 23 on Udenna on 22 April 2024 was valid