News & Updates
Deciphering Sanction Clauses in Letters of Credit
In this edition of Notes from the Bar, we examine the Singapore Court of Appeal’s comments in the case of Kuvera Resources Pte Ltd v JPMorgan Chase Bank, NA [2023] SGCA 28 on the interpretation of sanctions clauses and the basic underlying legal principles applicable to a letter of credit involving sanctions clauses.
GENCON 2022 and the shipowners’ right to suspend and terminate
In this edition of the Notes from the Bar, we take a look at Standard Chartered Bank (Singapore) Ltd v. Maersk Tankers Singapore Pte Ltd [2022] SGHC 242 and the discussion surrounding mis-delivery claims and the issue of causation.
Delivery without presentation of the bills of lading; but did it cause the loss?
In this edition of the Notes from the Bar, we take a look at Standard Chartered Bank (Singapore) Ltd v. Maersk Tankers Singapore Pte Ltd [2022] SGHC 242 and the discussion surrounding mis-delivery claims and the issue of causation.
Judicial oversight of arbitrations in Singapore: is it a boon or bane for maritime arbitrations?
Our Mr. Joseph Tan delivered a presentation about the current developments in the judicial oversight of arbitrations in Singapore at the IBA Maritime & Transport
Justice hurried risks justice buried, while justice delayed may be justice denied.
Since the introduction of case management, the courts and arbitration tribunals are focusing more on efficiency and how to expedite the resolution of disputes. One
A blissful no to damages for delay on top of demurrage
In this edition of Notes from the bar, we discuss the English Court of Appeal’s decision in the case of the Eternal Bliss [2021] Lloyd’s Rep. Plus 122 where it was found that no further damages can be claimed for delays apart from demurrage.
Notes from the Bar – Not all “subjects” in the formation of contracts are made the same
An article jointly published by Mr. M Jagannath of NAU Pte Ltd and Mr. Joseph Tan of JLex LLC debating the advantages of recovering pure economic loss for damage to cargoes under Singapore Law and English Law
An article jointly published by Mr. M Jagannath of NAU Pte Ltd and Mr. Joseph Tan of JLex LLC debating the advantages of recovering pure economic loss for damage to cargoes under Singapore Law and English Law
SCMA-ICS Legal & Commercial Perspectives Webinar on 17 June 2021
Joseph spoke about the case of China Coal Solution (Singapore) Pte Ltd v. Avra Commodities Pte Ltd. [2020] SGCA 81 at SCMA-ICS Legal & Commercial Perspectives Webinar on 17
Suez Canal blocked – and it is not the MV Ever Given
In this month’s article, we revisit two old cases where the blockage to the Suez Canal in 1956 led to legal claims being brought by shipping and trade parties.
In rem action vs insolvency law – PetroChina International v. Demise Charterer of Ocean Winner
In this month’s article, we discuss the Singapore High Court decision of PetroChina International (Singapore) Pte Ltd v. Owner and/or Demise Charterer of the vessel “Ocean Winner” [2021] SGHC 8 where the court considered competing considerations of a statutory lien and a moratorium imposed by the insolvency regime.
Here’s wishing everyone a happy and prosperous lunar new year of the Metal Ox! 恭贺新禧，祝各位牛气冲天，财源滚滚！ Our offices will be closed on 12 February 2021 and
Merry Christmas and a Happy New Year!
We wish everyone a restful and safe festive season and a happy, healthy and prosperous 2021 ahead! Our offices will be closed from 24 December
Mixing up modes of Dispute Resolution in Contracts – a Drafter’s Nightmare?
In this month’s edition of Notes from the Bar, we discuss the recent Singapore High Court decision in the case of Silverlink Resorts Ltd v. MS First Capital Insurance Ltd [2020] SGHC 251 and the implications of ambiguity in dispute resolution clauses
Maritime liens explained – the case of the Echo Star
In this month’s edition of Notes from the Bar, we discuss the recent Singapore High Court decision in the case of The Royal Arsenal v The Echo Star [2020] SGHC 200 and the concept of maritime liens.
When is a contract legally binding? Surprise surprise, it all depends on the facts of the case.
In this month’s edition of Notes from the Bar, we discuss the Court of Appeal decision of China Coal Solution (Singapore) Pte Ltd v Avra Commodities Pte Ltd [2020] SGCA 81 (the “Judgement”), where we acted for the successful appellant, and the implications of this decision on the determination of when is a contract binding on the parties.
Hedging costs recoverable as damages in commodities transactions
In this month’s Notes from the Bar, we discuss the High Court in Apex Energy International Pte Ltd v Wanxiang Resources (Singapore) Pte Ltd [2020] SGHC 138 which provides a helpful guide as to the calculation of damages that are recoverable by the seller when the buyer breaches the contract of sale.
Enhancements to the COVID-19 (Temporary Measures) Act – Paving the path to economic recovery
In this month’s Notes from the Bar, we discuss the further measures implemented in Singapore and their implications on affected businesses and individuals.
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.
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.
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
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
We will be closed for the Chinese New Year between 24 and 29 January 2020 (both days inclusive). During this period, we may not be
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]
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
JLex LLC is now an Associate Member of the Singapore Shipping Association.
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
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
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
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?