South Pacific Oil Ltd v Pacific Islands Energy Pte Ltd

[6] In [9] of the substantive judgment, I set out the issues to be determined in the proceedings. Essentially, they involved consideration of whether the arbitrator dealt with the Claimant’s argument on the question of penalty in his partial award and whether the Claimant was entitled to raise that issue for consideration in the Final Award, and the implications thereof on the Final Award. These matters did not involve complex factual issues or, for that matter, questions of foreign law. Further, the hearing of the matter was concluded within one day.

[9] That is not to say that it was inappropriate to engage foreign counsel in the proceedings. However, in circumstances where there were no factual issues involved and the matter was entirely governed by Singapore law, the amount does seem to me to be substantially disproportionate. It is, of course, necessary in considering the issue to take into account that the amount involved in the proceedings (including interest) was in excess of US$19,000,000.