Singapore’s law courts cater for cross-border maritime and shipping industry

Singapore’s law courts cater for cross-border maritime and shipping industry
08/03/2019 https://www.hellenicshippingnews.com/singapores-law-courts-cater-for-cro...

Law firm Dentons Rodyk successfully represented its clients in a case that could have interesting implications for how Singapore may establish jurisdiction in transnational disputes

The case saw the Singapore High Court reverse a lower court decision and exercise jurisdiction over non-Singaporean parties in a case concerning transnational fuel consumption fraud.

A Norway and Singapore-based shipowner had brought a claim against a multinational engine manufacturer that had provided engines for vessels being constructed for the owner in China. The owner held that over the years it had unknowingly incurred fuel costs of tens of millions of dollars due to the engines consuming fuel at a different rate to that stated by the engine maker. The claim was made in Singapore on the basis that this was where its shipping business was controlled and managed for most of the years in which loss and damages occurred.

The engine manufacturer had applied for a Singapore court to stay the proceedings in that country on the basis of ‘forum non conveniens’, a legal term meaning that the court would not be an appropriate forum for the claim.

The Singapore High Court held the view that given the distribution of factual and legal connections across diverse geographical and jurisdictional regions – covering Norway, Germany, China, Hong Kong and Singapore – this case was a good candidate to be handled by an international panel of judges such as those available under Singapore’s International Commercial Court (SICC). The High Court also held that foreign law being applicable to the claim would carry less weight in determining forum non conveniens if the Singapore courts in the form of SICC’s international judges – who come from jurisdictions including from Singapore, the US, Australia, England, France, Canada, Hong Kong and Japan – were familiar with and able to apply that foreign law.

It also held that the need to call witnesses and access documents held in different countries did not detract from Singapore being an appropriate forum due to ease of access to video-link technology. The need for documents to be translated was also countered by the lingua franca of the parties in the case being English, and Singapore being an English-speaking jurisdiction.

Dentons Rodyk said “The Court’s analysis provides insight into how Singapore court jurisdiction over parties in transnational commercial disputes may be established in future.”

The engine makers have appealed to the Singapore Court of Appeal.

Maritime law firm grows Singapore presence to tackle casualty work
Law firm Campbell Johnston Clark (CJC) is growing its presence in Singapore with a focus on admiralty and casualty-related work.

Gareth Williams joined the firm’s Singapore office from HFW Singapore as a director. He has advised on and resolved disputes involving shipbuilding contracts, total vessel losses, groundings, collisions and fires, unsafe port and dangerous cargo claims, cargo loss, damage and contamination claims and commodity trading.

CJC director Ian Short said “[Mr Williams] has exceptional experience across shipping and international trade contracts, dealing with the dry [relating to contractual and commercial matters] aspects of casualities and incidents, as well as commodities.”

Another newcomer to the firm’s Singapore office is Paul Apostolis, joining from HFW Singapore. Mr Apostolis has casualty experience and is also proficient in all aspects of the dry side of casualities arising from incidents.

CJC founder Alistair Johnston said “CJC has been involved in many high-profile casualties over recent years, from container ship fires to large-scale groundings and major collisions. Reinforcing the knowledge and expertise we have in these areas is critical as we grow our wet [ie involving accidents at sea] practice internationally.”
Source: AME Maritime