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Jurisdiction(s):
United Kingdom
United Kingdom
Singapore High Court refuses anti-suit and declaratory relief due to delay and comity; condemns ex parte non-disclosure; cannot compel participation in arbitration (STS Seatoshore v Wansa Commodities)
Published on: 23 January 2025
Published by a LexisNexis Arbitration expertLegal News
Article summary
STS Seatoshore Group Pte Ltd…Claimant and Wansa Commodities Pte Ltd…Defendant [2024] SGHC 266
What are the practical implications of this case?
This decision underscores the importance of international comity when there has been delay in asking for anti-suit protection, even where overseas litigation is brought contrary to an arbitration clause. The longer the foreign case has progressed, the weightier the comity concerns become, since an anti-suit injunction (if followed) would squander the judicial effort already invested by the foreign court. Judges are likewise more reluctant to issue anti-suit orders where tardiness has led to a foreign judgment being handed down, because such orders would indirectly impede the enforcement of that judgment in its own forum. Therefore, a party intending to seek anti-suit relief should act at once, as soon as proceedings abroad are started. It is no excuse that the party is simultaneously contesting jurisdiction before the foreign court: an applicant cannot try its luck twice by applying for anti-suit relief only after unfavourable rulings on its jurisdictional challenges in the foreign forum. Put simply, swift recourse is vital: delay risks disrespecting the foreign tribunal’s process, wasting resources, and undermining arbitration bargains that the parties freely chose earlier...
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