Fidic-Related Arbitration Cases Seated In Singapore

Key FIDIC-Related Arbitration Cases Seated in Singapore

1. DJP, DJQ and DJR v DJO – Singapore Court of Appeal

Citation: [2025] SGCA(I) 2

Arbitration Rules: ICC

Seat: Singapore

FIDIC Form: FIDIC Red Book 1999

Core issues:

Compliance with Clause 20.1 (Notice of Claim)

Change in legislation under Clause 13.7

Challenge to arbitral award for breach of natural justice

The dispute arose from claims for additional payment following an Indian government notification increasing minimum wages for labour on a rail infrastructure project.

The Singapore courts examined whether the tribunal’s handling of the claim and its reliance on findings in parallel arbitrations violated natural justice.

2. DOI v DOJ and others – Singapore International Commercial Court

Citation: [2025] SGHC(I) 15

Arbitration Rules: ICC

Seat: Singapore

FIDIC Form: FIDIC Yellow Book 1999

This dispute involved a rail infrastructure project in India where the contractor consortium brought claims against the employer (DFCCIL).

Key issues considered by the Singapore court included:

Validity of the arbitral award

Allegations concerning how the tribunal drafted or relied on earlier awards

Natural justice concerns related to template reasoning across related arbitrations.

3. IRCON International Ltd & Others v Dedicated Freight Corridor Corporation of India (II)

Citation: [2024] SGHC(I) 24

Arbitration Rules: ICC

Seat: Singapore

FIDIC Form: FIDIC Red Book 1999

This case involved a set-aside application against an ICC arbitral award issued in a Singapore-seated arbitration concerning construction works for India’s freight corridor project.

Key aspects:

Alleged breach of natural justice

Overlap with two parallel arbitrations seated in India

Tribunal’s reliance on reasoning from other awards.

Typical Characteristics of FIDIC Arbitrations Seated in Singapore

Many FIDIC disputes choosing Singapore share similar traits:

1. Institutional rules

ICC Arbitration Rules (most common in large infrastructure disputes)

SIAC Rules occasionally used

2. Governing law

Often Indian, Middle Eastern, or Southeast Asian law, even when seat is Singapore.

3. Types of disputes

Delay and disruption claims

Change in law / variation claims

Termination disputes

Non-compliance with FIDIC Clause 20 claim procedures

4. Singapore courts’ role
Singapore courts mainly appear in:

Set-aside applications

Enforcement proceedings

Jurisdiction challenges

Additional Singapore-Seated FIDIC Arbitrations (Not Always Publicly Reported)

Many arbitrations remain confidential, but examples from practice include disputes involving:

Power plant EPC projects

Waste-to-energy projects

Major commercial developments using FIDIC forms

These disputes typically involve claims exceeding USD 100 million and are administered under ICC or SIAC rules.

In summary:
The most prominent reported FIDIC-related arbitration cases seated in Singapore include:

DJP, DJQ and DJR v DJO [2025] SGCA(I) 2

DOI v DOJ and others [2025] SGHC(I) 15

IRCON International Ltd v DFCCIL (II) [2024] SGHC(I) 24

These cases primarily arise in the Singapore International Commercial Court during set-aside proceedings relating to ICC arbitrations under FIDIC Red/Yellow Book contracts.

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