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Material Non-disclosure: Court of Appeal Clarifies Burden on Arresting Party

October 2010 - Litigation & Dispute Resolution. Legal Developments by Oon & Bazul LLP.

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The High Court has clarified the degree of disclosure required on an application for a warrant of arrest following The Vasiliy Golovnin.(1) An arresting party is not required to show that it is likely to win the case on the merits before invoking the Singapore court's admiralty jurisdiction. Rather, it must merely show that the court has prima facie jurisdiction in rem in the matter under the High Court (Admiralty Jurisdiction) Act.(2) The duty to make full and frank disclosure is meant to ensure that the Singapore court's power of arrest is not being abused or misused by the arresting party. 

Article as featured in the International Law Office6 October 2010

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