4 May, 2017
A judge in the High Court of Singapore has granted an anti-suit injunction to stop two investors who pulled out of arbitration in Singapore from pursuing litigation in Thailand.
The investors, known as the Sias, had allegedly been ousted from their real estate and golf course company, Legacy Resources, in a corporate coup. They had also been removed from the boards of Murex, a firm they had invested in, and of Ace United International, a joint venture they had established with Deutsche Bank
The Sias attempted to initiate litigation in Thailand against Legacy Resources, Ace United International, Murex, and two further Thai companies.
However, the Sias had previously pulled out of arbitration before the Singapore International Arbitration Centre on "spurious grounds", Judge Quentin Loh said. The tribunal had dismissed their claim and ordered the Sias to pay costs.
The attempt to then begin litigation in Thailand was "plainly vexatious and oppressive conduct", he said, which forms part of the criteria that must be established by a party seeking an anti-suit injunction under Singapore law.
Loh also granted anti-suit injunctions in respect of the Thai litigation against two other connected companies, but allowed the Thai Court proceedings to continue in the case of Murex, which was not party to the underlying arbitration agreement. Thailand would be the natural forum for any dispute between the Sias and Murex, he said.
For further information, please contact:
Ian Laing, Partner, Pinsent Masons
ian.laing@pinsentmasons.com
