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

Merry Christmas and a Happy 2020!

From all of us at JLex LLC, we would like to extend our well wishes this holiday season to all our clients and friends. May 2020 bring more happiness, good health, peace and prosperity for all! Our offices will be closed on 24 and 31 December 2019 and will be open for receipt of documents… 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

Happy Deepavali!

A very happy Deepavali to our Hindu friends! May the festival of lights bring peace, prosperity and health to one and all! In light of the celebrations this weekend, our offices will be closed on 28 October 2019 and we will resume operations on 29 August 2019. For any urgent enquiries, please contact our lawyers… 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