2,051
edits
Changes
From DMC
no edit summary
DMC/SandT/17/12
Singapore
'''DSA Consultancy (FZC) v The “Eurohope” '''
'''Singapore High Court; Chua Lee Ming J; [2017] SGHC 218'''
Niru & Co LLC for DSA Consultancy (FZC), Plaintiffs
Rajah & Tann Singapore LLP for the owners of the “Eurohope”, Defendants
'''ADMIRALTY JURISDICTION: ARREST TO OBTAIN SECURITY IN AID OF FOREIGN COURT PROCEEDINGS'''
'''Summary'''
The Singapore High Court has unequivocally confirmed that the High Court’s admiralty jurisdiction under the High Court (Admiralty Jurisdiction) Act cannot, at present, be invoked by an action in rem for the sole purpose of obtaining security in aid of foreign court proceedings. The Court has taken the view that legislative intervention would be required to allow vessels to be arrested for such a purpose.
This note has been contributed by Leong Lu Yuan, LLB (Hons) NUS, Advocate & Solicitor (Singapore).
'''Facts'''
The Plaintiffs chartered the vessel “Eurohope” (“the Vessel”) from the Defendants pursuant to a charterparty governed by English law and containing an exclusive jurisdiction clause in favour of the High Court of London for all claims over US$100,000.
The Plaintiffs’ application was granted and the Defendants’ application dismissed by the Assistant Registrar hearing both applications. The Defendants appealed against both decisions.
'''Judgment'''
The Defendants’ appeals were allowed. The writ of summons was struck out and the warrant of arrest set aside. The security already provided was cancelled. But the Court refused to grant damages for wrongful arrest or wrongful continuation of arrest.
