FirstLink Investments Corp Ltd v GT Payment Pte Ltd and others

FirstLink Investments Corp Ltd v GT Payment Pte Ltd and others

On the prima facie s6 IAA threshold the arbitration agreement is valid and the proper law governing the arbitration agreement is impliedly Swedish law (lex arbitri) because parties referred disputes to the SCC, which implies Sweden as the seat; no sufficient contrary indications were shown by the plaintiff; therefore the court must stay proceedings in favour of arbitration at the SCC.

Citation
[2014] SGHCR 12
Parties
Plaintiff: FirstLink Investments Corp Ltd; First Defendant: GT Payment Pte Ltd; Second Defendant: Second Defendant (unnamed in judgment); Third Defendant: Third Defendant (unnamed beneficial owner)
Court
High Court Registrar
Jurisdiction
Singapore
Judgment Date
19 June 2014
Case Number
Suit No 915 of 2013 (Summons No 5657 of 2013)
Procedural Posture
Civil Suit With Stay Application Under the International Arbitration Act / Stay Application Under S6 IAA (interim Jurisdictional Hearing)
Outcome
Plaintiff's action stayed in favour of arbitration at the Arbitration Institute of the Stockholm Chamber of Commerce
Legal Topics
Arbitration Agreement Validity, Choice of Law for Arbitration Agreements, Seat of Arbitration / Lex Arbitri, Separability, Stay of Proceedings
Source Language
English
International Arbitration Private International Law Civil Procedure Contract Law Arbitration Agreement Validity Choice of Law for Arbitration Agreements Seat of Arbitration / Lex Arbitri Separability +1 more

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Parties

FirstLink Investments Corp Ltd

Plaintiff

GT Payment Pte Ltd

First Defendant

Second Defendant (unnamed in judgment)

Second Defendant

Third Defendant (unnamed beneficial owner)

Third Defendant

Procedural Posture

Civil Suit With Stay Application Under the International Arbitration Act / Stay Application Under S6 IAA (interim Jurisdictional Hearing)

Legal Issues

  1. 1 What is the proper law governing the international arbitration agreement when no express proper law is stated?
  2. 2 Whether the arbitration agreement is null and void, inoperative or incapable of being performed for purposes of refusing a s6 IAA stay
  3. 3 Whether the dispute falls within the scope of the arbitration clause

Ratio Decidendi

On the prima facie s6 IAA threshold the arbitration agreement is valid and the proper law governing the arbitration agreement is impliedly Swedish law (lex arbitri) because parties referred disputes to the SCC, which implies Sweden as the seat; no sufficient contrary indications were shown by the plaintiff; therefore the court must stay proceedings in favour of arbitration at the SCC.

Court Disposition

Plaintiff's action stayed in favour of arbitration at the Arbitration Institute of the Stockholm Chamber of Commerce

Orders

  • Stay granted in favour of arbitration at the Arbitration Institute of the Stockholm Chamber of Commerce
  • Costs reserved — parties to be heard on costs