NATIONAL OILWELL VARCO NORWAY AS V KEPPEL FELS LTD

[2021] SGHC 124, Singapore High Court, Justice Vinodh Coomaraswamy, 11 June 2021

Arbitration – Enforcement of award – Proceedings conducted in name of company no longer in existence – Whether award in favour of the company was enforceable

In 1996 KF and Hydralift entered into a contract governed by the law of Singapore and providing for disputes to be arbitrated in Singapore. A dispute arose between the parties in 1999, which had not been resolved by 2004, in which year Hydralift transferred all of its assets, rights and obligations to another Norwegian company, the predecessor in title to NOVN. Hydralift was then struck off the Norwegian register of companies. In 2007 KF commenced arbitration against Hydralift, claiming damages of some $5.5 million for breach of contract. NOVN, using Hydralift’s name, counterclaimed $1.2 million for breach of contract. A final award was issued in September 2019; this dismissed KF’s claim and allowed the counterclaim, Hydralift being awarded $0.7 million in damages, $3.1 million in costs and interest on both sums. NOVN obtained an enforcement order, and KF appealed.