Insights

The decision in The Big Fish [2021] SGHCR 7 sets out the principles governing the duty of full and frank disclosure for a party applying for a warrant of arrest in Singapore and, in particular, considers whether it is necessary to disclose a potential time bar defence.

The Singapore Chamber of Maritime Arbitration (“SCMA”) updated its rules on 1st  December, 2021. The rules will apply to all arbitrations commencing on and after 1st  January, 2022. 

The Court of Appeal has unanimously overturned the High Court decision in The Eternal Bliss [2021] EWCA Civ 1712, ruling that demurrage is an owner’s exclusive remedy for failure to complete cargo operations within laytime.

In the case of STA v OFY [2021] EWHC 1574 (Comm), the Commercial Court considered the Kalmneft factors in order to determine an application by a state government for an extension of time to challenge an arbitration award. The decision is a useful reminder that all litigants, including foreign states, will be treated equally with regard to the law. Secondly, it emphasises that specific and detailed evidence is required in matters concerning Covid-19 related disruption.

Shipbuilding projects are a significant investment and it is essential that contractual terms avoid uncertainty and ambiguity. Changes in the market, technological developments and an evolving regulatory environment all have the potential to trigger issues in relation to newbuilding projects and the associated contracts.