Competing Jurisdictions In A Collision Claim And Forum Non Conveniens

The Reecon Wolf [2012] SGHC 22

The Reecon Wolf is an important decision as it is the first time since the English Court of Appeal decision in The Herceg Novi [1998] 2 Lloyds' Rep. 454 and Singapore's subsequent accession in 2005 to the 1976 Convention on Limitation of Maritime Claims ("the 1976 Convention") that the Singapore High Court has had to decide the issue of forum non conveniens in a dispute involving a collision between two vessels where the competing jurisdictions apply different limitation of liability regimes, namely the International Convention relating to Limitation of Liability of Owners of Sea-going Ships 1957 ("the 1957 Convention") and the 1976 Convention.

In The Herceg Novi, the competing jurisdictions were Singapore, which at the time applied the 1957 Convention, and England, which then applied the 1976 Convention. In The Reecon Wolf, the competing jurisdictions were Malaysia (which applies the 1957 Convention) and Singapore (which applies the