Arbitration - DSK v Ultrapolis - A Lesson In Delay Tactics

Introduction

By a judgment dated 9 April 2010, the Singapore High Court granted leave to a Danish company to enforce a Danish arbitral award against a Singapore company. This case reaffirms the Singapore judiciary's pro-arbitration stance. However, the case is also instructive for certain delay tactics that were employed by the losing party during the arbitration process.

The Danish company, Denmark Skibstekniske Konsulenter A/S I Likvidation ("DSK"), was represented by Rodyk & Davidson LLP's Herman Jeremiah, Loh Jen Wei and Wendy Goh.

Case facts

DSK provided consultant services for ship design. Ultrapolis 3000 Investments Ltd ("Ultrapolis") engaged DSK to design a 90m yacht (the "First Agreement"). Enclosed in the First Agreement were DSK's standard terms and conditions ("Standard Conditions"). These included an arbitration clause (clause 19) stating that disputes that could not be settled amicably be settled in accordance with the Rules of the