15 February 2023

Our Partner, T Kuhendran and Esther Tan from Zul Rafique & Partner’s Construction Dispute Resolution Practice Group, along with co-counsel from Providence Law Asia LLC acting for Telekom Malaysia Berhad (“TM”), had successfully defended the Partial Award (Liability) dated 6 July 2022 issued in favour of TM, and had successfully obtained a Final Award (Damages and Costs) dated 3 February 2023 in favour of TM.

Partial Award (Liability) dated 6 July 2022

Earlier in July 2022, announcement was made whereby US$34.5million claim against TM was successfully dismissed. The brief facts were that Vodoke Pte Ltd (“Vodoke”) has commenced an arbitration proceeding against TM for US$34.5million. On 6 July 2022, a Partial Award – Liability was issued in favour of TM, wherein the Tribunal found that there were no merits in Vodoke’s claims and accordingly dismissed Vodoke’s claims. The Tribunal allowed TM’s counterclaim for misrepresentation. See  HERE.

On 6 October 2022, Vodoke Pte Ltd filed an Originating Application (the “OA”) in the High Court of the Republic of Singapore (“Singapore HC”) to set aside the Partial Award. Amongst the grounds relied upon were that there was breach of the rules of natural justice, and deprivation of opportunity to present the case by Vodoke.

TM has filed the relevant papers to defend the said allegations made in the Singapore HC. Hearing was held on 16 January 2023.

On 27 January 2023, the Singapore HC had delivered its decision i.e. dismissing Vodoke’s OA with costs of SGD25,000.

Accordingly, the Partial Award, dismissing Vodoke’s claim for US$34.5million is upheld.

Final Award (Damages and Costs) dated 3 February 2023

After the Partial Award (Liability) was issued, Tribunal has proceeded with the second stage of the arbitration proceeding i.e. the assessment of damages and determination of costs in the arbitration proceeding. TM submitted its relevant papers on damages suffered as well as costs incurred. Amongst the claim made was for payment made in respect of the IPTV Packages, and the warehousing charges.

On 3 February 2023, a Final Award (Damages and Costs) was issued in favour of TM. The Tribunal awarded among others, damages and loss in the sum of USD3,086,383.98 as well as interest, arbitration cost and legal costs.

The Counsels for this case are:
T Kuhendran (Devan)
Esther Tan

For more insight into this area of law, please contact our Partners in the Construction Dispute Resolution Practice Group:
Kuhendran Thanapalasingam
Susan Tan Shu Shuen

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