Pre-Arbitration Discovery Not Available in Singapore

In the recently published decision of the Singapore High Court in Equinox Offshore Accommodation Ltd v. Richshore Marine Supplies Pte Ltd [2010] SGHC 122, the High Court held that it has no power to grant an order for the discovery of documents prior to the commencement of arbitration.

The facts of the case were relatively simple. Equinox Offshore Accommodation Ltd ("Plaintiff") and Richshore Marine Supplies Pte Ltd ("Defendant") entered into an agreement pursuant to which the Defendant was appointed sole agent for the purchase of certain goods. In consideration for its services, the Defendant was entitled to payment based on a 12% mark-up of the price of the goods. The Plaintiff was concerned that the Defendant had overcharged it and filed an originating summons under Order 24, Rule 6(1) of the Rules of Court seeking the disclosure of certain accounts and purchase records which the Defendant was required to keep under the terms of the agreement. The Plaintiff sought