Singapore's High Court Upholds Partial Award Issued In TM's Favour And Tribunal Issues A Final Award Of USD 3 Million In TM's Favour

• Law Firm: Zul Rafique & Partners
• Subject Matter: Litigation, Mediation & Arbitration, Arbitration & Dispute Resolution
• Author: Zul Rafique & Partners
• Published date: 16 February 2023

Our Partner, T Kuhendran and Esther Tan from Zul Rafique & Partner's Construction Dispute Resolution Practice Group, along with co-counsel from Providence Law Asia LLC acting for Telekom Malaysia Berhad ("TM"), had successfully defended the Partial Award (Liability) dated 6 July 2022 issued in favour of TM, and had successfully obtained a Final Award (Damages and Costs) dated 3 February 2023 in favour of TM.

Partial Award (Liability) dated 6 July 2022

Earlier in July 2022, announcement was made whereby US$34.5million claim against TM was successfully dismissed. The brief facts were that Vodoke Pte Ltd ("Vodoke") has commenced an arbitration proceeding against TM for US$34.5million. On 6 July 2022, a Partial Award - Liability was issued in favour of TM, wherein the Tribunal found that there were no merits in Vodoke's claims and accordingly dismissed Vodoke's claims. The Tribunal allowed TM's counterclaim for misrepresentation. See HERE.

On 6 October 2022, Vodoke Pte Ltd filed an Originating Application (the "OA") in the High Court of the Republic of Singapore ("Singapore HC") to set aside the Partial Award. Amongst the grounds relied upon were that there was breach of the rules of natural justice, and deprivation of opportunity to present the case by Vodoke.

TM has filed the relevant papers to defend the said allegations made in the...