Pertamina v P-H-O-E-N-I-X: Costs for Contempt of Court in Arbitration Enforcement

The Singapore International Commercial Court heard an application by P-H-O-E-N-I-X Petroleum Philippines, Inc. ("Phoenix") and dismissed it. Pertamina International Marketing & Distribution Pte Ltd (“PIMD”) sought costs for the application. The court assessed costs against Phoenix in the amount of $205,880.41, finding Phoenix in contempt of court for pursuing action in the Philippines despite orders from the Singapore court.

1. Case Overview

1.1 Court

Singapore International Commercial Court

1.2 Outcome

Costs assessed against the defendant, P-H-O-E-N-I-X Petroleum Philippines, Inc.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court assesses costs against P-H-O-E-N-I-X for its contempt of court by pursuing Philippines action despite Singapore International Commercial Court orders.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Pertamina International Marketing & Distribution Pte LtdClaimantCorporationCosts awardedWon
P-H-O-E-N-I-X Petroleum Philippines, Inc (a.k.a. Phoenix Petroleum Philippines, Inc)DefendantCorporationApplication dismissed; costs assessed against defendantLost

3. Judges

Judge NameTitleDelivered Judgment
Bernard EderInternational JudgeYes

4. Counsels

Counsel NameOrganization
Ker YanguangProlegis LLC
Daniel Chia Hsiung WenProlegis LLC
Charlene Wee Swee TingProlegis LLC
Chan Kit Munn ClaudiaProlegis LLC
Liew Yik WeeRev Law LLC
Wong Wan CheeRev Law LLC

4. Facts

  1. PIMD sought costs after successfully dismissing Phoenix's application in SIC/SUM 8/2024.
  2. Phoenix argued for a 50% discount on PIMD's claimed legal costs.
  3. The amount at stake in the underlying arbitration was approximately US$142 million.
  4. Phoenix pursued proceedings in the Philippines, which the court found to be in breach of its orders.
  5. Phoenix failed to bring ORC 5 to the attention of the Philippines Court.
  6. Phoenix raised arguments that the Court did not have in personam jurisdiction.
  7. Phoenix argued that the Award was void because there was no arbitration agreement.

5. Formal Citations

  1. Pertamina International Marketing & Distribution Pte Ltd v P-H-O-E-N-I-X Petroleum Philippines, Inc (also known as Phoenix Petroleum Philippines, Inc), , [2024] SGHC(I) 20

6. Timeline

DateEvent
Hearing on SUM 8 application
Grounds of decision issued dismissing SUM 8
Judgment date
Award signed and dated

7. Legal Issues

  1. Quantum of Costs
    • Outcome: The court assessed the costs payable by Phoenix to PIMD.
    • Category: Procedural
  2. Contempt of Court
    • Outcome: The court found that Phoenix's actions in the Philippines were in breach of the orders of the court amounting to contempt of court.
    • Category: Substantive

8. Remedies Sought

  1. Costs

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Commercial Litigation
  • Arbitration

11. Industries

  • Petroleum

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Singapore International Commercial Court Rules 2021 O 22 r 3(1)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Costs
  • Quantum
  • Proportionality
  • Reasonableness
  • Contempt of Court
  • Arbitration Award
  • Singapore International Commercial Court Rules 2021 O 22 r 3(1)
  • Philippines Action

15.2 Keywords

  • costs
  • singapore international commercial court
  • arbitration
  • contempt of court
  • phoenix petroleum
  • pertamina

17. Areas of Law

Area NameRelevance Score
Costs90
International Commercial Court70
Arbitration60
Civil Practice50
Proportionality50
Reasonableness50
Jurisdiction40
Contempt of Court30

16. Subjects

  • Civil Procedure
  • Costs
  • International Commercial Arbitration