The recent Singapore High Court decision in Hai Jiang 1401 Pte
Ltd v Singapore Technologies Marine Ltd [2020] SGHC 20 marks the
first time that a Singapore Court has endorsed the principle that a
non-party to a contract which contains an exclusive forum clause
(e.g. an arbitration agreement) can obtain an anti-suit injunction
against a respondent that had commenced proceedings abroad against
him.
The Facts
The Plaintiff was the owner of a vessel, which was bareboat
chartered to Lewek Champion Shipping Pte Ltd
("LCS") on 19 February 2014
("Charter"). The vessel was further
sub-chartered to EMAS-AMC Pte Ltd
("EMAC") on 17 February 2014
("Sub-Charter").
On 26 February 2014, the Plaintiff, LCS and EMAC entered into a
General Assignment, pursuant to which LCS assigned various rights
and interests to the Plaintiff, including "all rights and
interests which now or at any later time it has to, in or in
connection with" the vessel.
