Search News and Articles
Legal Developments Worldwide
- United Arab Emirates
- Czech Republic
- Hong Kong
- Cayman Islands
- South Africa
- South Korea
- Saudi Arabia
- British Virgin Islands
Articles contributed by Oon & Bazul LLP
The “Reecon Wolf”  SGHC 22 was an appeal before a Judge of the Singapore High Court from the decision of the Assistant Registrar refusing to stay an admiralty action between foreigners arising from a collision between foreign vessels of different nationalities.
After more than two years of review by a working group and various consultations with arbitrators and practitioners, the China International Economic and Trade Arbitration Commission (CIETAC) has published its revised Arbitration Rules (the “2012 Rules”), which will replace the existing Arbitration Rules which have been in place since 1 May 2005 (the “2005 Rules”).
As more maritime disputes are being referred to arbitration in recent years, it becomes vital for countries to adjust their arbitration laws to accommodate to commercial practicability. Along these lines, with the aim to move Malaysia forward in providing a competitive edge in this growing global arbitration arena, the Arbitration Act 2005 in Malaysia has recently been amended to provide extra measures to facilitate arbitral proceedings involving admiralty dispute.
The Court of Appeal's recent decision in The Asia Star is significant to the shipping industry, as the courts have now made clear that it is important for a charterer to consult a defaulting owner on the measures that the former intends to take in order to mitigate damage caused by the latter's contractual breach.
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.