Unusual times call for unusual means – when the English Courts decides on security for a vessel arrested in Singapore

In this month’s Notes from the Bar, we discuss the case of the “Miracle Hope” [2020] EWHC 995 (Comm) where the English Courts, in an unusual situation, had to decide on security for a vessel arrested in Singapore. Read More

COVID-19 (Temporary measures) Act 2020 – Kicking the can down the road?

In this month’s edition of Notes from the Bar, we will examine the implications of the freshly minted Covid-19 (Temporary Measures) Act 2020 on businesses and individuals in Singapore in the context of the deferment of contractual obligations. Read More

Notes from the Bar – Arbitration, rules of natural justice and gating of witnesses

One advantage of international arbitration in Singapore is that the Final Award is final and not subject to any appeals.  Parties know that once the Final Award is issued, the Final Award will not be subject to the uncertainties normally associated with appeals to an appellate court.  But what happens when the manner in which the arbitration was conducted was unfair to one party?  This is where the national court of the seat of the arbitration steps in and exercise its supervisory function as shown in the recent Singapore High Court decision of CBP v. CBS [2020] SGHC 23 Read More

Notes from the Bar – COVID-19, commodities and charterparties

The COVID-19 epidemic is by now well known to all around the world and has caused significant disruption to our everyday lives.  To a commodities trader, apart from inconveniences to his daily routine, COVID-19 may have also caused disruptions to his commercial operations.  In this edition of Notes from the Bar, we examine some of… Read More

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