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‘Tan, Joseph’
“Subject to Review” clauses – time for a careful review

11 December 2017

The Singapore Court of Appeal recently held that a binding charter party was formed, notwithstanding the presence of a “subject to review” clause.

Notes from the bar: Arb Med Arb or Med Arb. What is the difference?

16 November 2017

In recent years, one manner of alternative dispute resolution has taken the form of a combination of mediation and arbitration.

In this update, we look briefly into the difference between an Arb-Med-Arb clause and a Med-Arb clause and how the difference between these two may impact on how you resolve your disputes.

Notes from the bar: once on demurrage, always on demurrage?

16 October 2017

In the shipping world, a common phrase we often hear is “once on demurrage, always on demurrage”.

In this update, we will examine whether this maxim holds true in all circumstances.

Notes from the bar: understanding the risks of contracting on a 'bare-bones' basis

15 September 2017

In international trade, it is very common for parties to reach an agreement on the main commercial terms of each transaction (e.g. the specific product, price, quantity and quality, load port etc.) before the detailed terms are worked out and executed in the form of a formal written contract.

Notes from the bar: Lien over sub-freight - registrable charge

15 August 2017

There has been a long tussle between insolvency lawyers and shipping lawyers over whether a lien over sub-freight ought to be treated as a registrable charge pursuant to the Companies Act. Unfortunately, the score is insolvency lawyers 1 : shipping lawyers 0. In this update, we take a brief look at the case of Siva Ships Intl. Pte Ltd (in liquidation) [2017] SGHC 172 (“Siva Ships”).

Notes from the bar: BIMCO SUPPLYTIME 2017

18 July 2017

BIMCO’s Documentary Committee recently adopted the revised SUPPLYTIME 2017, thereby bringing the popular standard form charterparty for offshore support vessels (“OSVs”) more in line with current practices in the offshore sector.

In this update, we would briefly explain some of the key differences between SUPPLYTIME 2017 and its predecessor SUPPLYTIME 2005. 

 

Notes from the bar: should you agree to a one-sided arbitration clause?

15 June 2017

In this update, we look at the recent High Court and Court of Appeal case of Dyna-Jet Pte Ltd v Wilson Taylor Asia Pacific Pte Ltd [2017] 3 SLR; [2016] SGHC 238 and Wilson Taylor Asia Pacific Pte Ltd v Dyna-Jet Pte Ltd [2017] SGCA 32 (“the case”). Both the High Court and Court of Appeal concurred that one-sided arbitration clauses are enforceable and fall within the meaning of an arbitration agreement under s.2 of the International Arbitration Act (Cap 143A, 2002 Rev Ed) (“the IAA”). On the particular facts of the case, the arbitration agreement clause was not invoked.

Notes from the bar: demystifying force majeure

15 May 2017

Companies operating in commodities and international trade sectors often have to rely on force majeure in order to protect themselves from defaulting on their contractual obligations as a result of unexpected events that might impede or obstruct their performance of the contact.

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