King & Wood Mallesons

Asia-Pacific 100 position: 3

Singapore Court of Appeal's approach towards the enforceability of an arbitral award

The recent Court of Appeal decision in PT first Media TBK and Astro Nusantara International BV and others [2013] SGCA 57 clarifies the Singapore Court’s approach towards the enforceability of an arbitral award and the Tribunal’s power to join non-signatories of an arbitration agreement into the arbitration. It confirms that parties to the arbitral proceedings are equipped with ‘choice of remedies’ and the Tribunal only has jurisdiction over parties to the arbitration agreement.

The dispute arose out of a joint venture between the Astro Group (Astro) (certain companies within a Malaysian media group) and the Lippo Group (Lippo) (companies belonging to an Indonesian conglomerate) for the provision of multimedia and television services in Indonesia. The terms of the joint venture were set out in a Subscription and Shareholders’ Agreement (SSA). Astro alleged that certain companies of Lippo had breached the SSA by commencing legal action against them in Indonesia…

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