The High Court has dismissed an appeal by two defendants seeking to delay enforcement of a Singapore arbitration award requiring them to pay more than SGD12 million to a businessman, ruling that their pending arbitration did not justify withholding his right to recover the money.
Judicial Commissioner Edward Timothy Starbuck Woolley, in a decision dated 26 October, upheld the dismissal of the defendants’ application to stay execution of the final award issued on January 2, 2026 in Singapore International Arbitration Centre (SIAC) Arbitration No. 128 of 2017.
The award ordered Dyg Hajah Rokiah binti Haji Mohd Salleh and Haji Awang bin Haji Ali to pay the plaintiff, Jameel Ahmed Basheer Ahmed, SGD12,090,365.22, together with interest and costs.
The defendants sought to suspend enforcement until the conclusion of a separate arbitration commenced by Haji Awang against the plaintiff in April 2026.
That arbitration concerns a share pledge agreement and seeks compensation for liabilities incurred by Belait Shipping Co (B) Sdn Bhd (BSC) under an earlier arbitration award. Haji Awang also seeks to offset the claimed amount against the sum payable under the SGD12 million award.
The defendants argued that enforcing the award immediately could cause financial hardship and that the plaintiff might be difficult to pursue if they succeeded in the new arbitration.
However, the court found that a successful claim under the share pledge agreement would offer Haji Awang little or no personal benefit beyond potentially recovering certain expenses and costs. Any wider benefit would primarily accrue to BSC.
The judge also rejected the defendants’ argument that the new arbitration could be completed within 18 to 24 months, describing the proposed timeline as speculative.
Previous arbitration proceedings between the parties had taken years to conclude. The judge noted that an earlier arbitration concerning BSC’s liabilities took more than eight years to reach a final award, while the arbitration resulting in the SGD12 million award had taken several years to reach its final stage.
He further noted that Haji Awang had not adequately explained why he waited until April 2026 to commence the new arbitration, despite the earlier award concerning BSC’s liabilities having been issued in December 2024.
The judge said the likely delay in allowing the plaintiff to enforce the award was an overwhelming factor against granting a stay.
On the alleged financial hardship, the court found that the defendants had provided insufficient evidence of their personal financial circumstances or the predicted impact on their companies.
The judge also rejected the argument that enforcing a future award against the plaintiff would be difficult because of his permanent resident status in Brunei and business interests in Malaysia and elsewhere. There was no evidence that the plaintiff was concealing assets to avoid financial obligations.
In considering the application, the court emphasised that a stay of execution should be granted only in exceptional circumstances, where allowing enforcement to proceed would result in abuse or manifest injustice.
The appeal was dismissed, with costs awarded to the plaintiff, to be assessed if not agreed.
Andrew Jonathan Nyi Tsun Wong of CCW and Partnership represented the plaintiff, while Eric Siow Kin Seong and Jonathan Cheok Teing Seng of J Cheok Eric Advocates & Solicitors represented the defendants.