Notes from the Bar – Law and seat of the arbitration (the sequel)

In our August 2019 edition of Notes from the Bar, we looked at the Singapore High Court case of BNA v. BNB & Anor [2019] SGHC 142.  The matter went on to the Singapore Court of Appeal which rendered a decision partially overturning the High Court decision at BNA v. BNB & Anor [2019] SGCA… Read More

Notes from the Bar – who bears the loss of cyber fraud?

Cyber fraud and the hacking of email accounts is an increasingly common occurrence nowadays.  The shipping and international trade industries, where large sums of money are regularly remitted, has become an increasingly attractive target for cyber fraudsters.  The question that arises where there is cyber fraud and monies are intercepted while in transit between payor… Read More

Notes from the Bar – NOR and cancellation of voyage charterparties

Provisions in charterparties for tendering of NOR, commencement of laytime and cancellation of charterparties are all well known and often negotiated provisions.  Very often, parties focus their negotiations on the dates for the laycan without considering the wordings of the various clauses and the interplay between these clauses.  The recent decision of Bilgent Shipping Pte… Read More

Notes from the Bar – Force Majeure and the “but for” test

Force majeure clauses are often found in agreements for sale of commodities and in charterparties.  Very often, it is a long paragraph containing a very long sentence that is laborious to read.  A force majeure clause, if applicable, would allow one party to the contract to avoid liability for non-performance on the occurrence of a force majeure event.  What happens if that party seeking to rely on the force majeure clause had no intention to perform at all in the first place? Read More

Notes from the Bar – Law and seat of the arbitration; often neglected but no less important

In this inaugural edition of our Notes from the Bar, we take a look at a recent Singapore High Court decision of BNA v. BNB & Anor [2019] SGHC 142 where the Court applied the three-stage approach in determining what is the proper law of the parties’ arbitration agreement. Summary of the facts The Plaintiff… Read More