標籤: arbitration

MARITIME LAW – LIEN, LOSS AND LMAA: ENGLISH COMMERCIAL COURT ORDERS SALE OF DETERIORATING CARGO

In Lord Marine Co Ltd v Vimeksim Trans SA & Anor [2025] 2 Lloyd’s Rep 52, the English Commercial Court exercised its powers under s.44 Arbitration Act 1996 to order the sale of a deteriorating cargo of Ukrainian corn over which the shipowners had exercised a lien for unpaid freight. Mr Justice Bryan held that the cargo was the “subject of the proceedings” and that the court could intervene to preserve its value pending LMAA arbitration. The decision clarifies that a “freight prepaid” stamp does not estop owners where freight has not actually been paid and the bills of lading never left owners’ possession, and that possession can be maintained even when the cargo is stored in a receivers’ warehouse. This case reinforces the court’s readiness to act swiftly to prevent the loss of value in perishable cargo while safeguarding parties through fortified undertakings in damages.

ARBITRATION – SHIPPING – REPAIR GONE WRONG: CLARIFYING SHIPYARD LIABILITY IN ARBITRATION (“MARE NOVA”)

In Hai v Pai & Anor [2025] 8 MLJ 211, the Court decisively addressed the delicate intersection of marital betrayal and financial fairness. Affirming the award of damages against a third-party “homewrecker,” the decision underscores the judiciary’s firm stance on compensating emotional and financial harm arising from adultery. Furthermore, the ruling clarifies the importance of precise documentation and the consequences of commingling inherited wealth, reinforcing that matrimonial asset division requires careful, individualized assessment to achieve true equity.

SHIPPING – ADMIRALTY IN REM – ANCHORED BUT NOT ADRIFT: REDEFINING “SHIP” IN ADMIRALTY JURISDICTION

The Singapore High Court in Vallianz Shipbuilding & Engineering v Owner of the Vessel ‘Eco Spark’ [2025] 1 Lloyd’s Rep 195 clarified the definition of a ‘ship’ under admiralty jurisdiction. Despite conversion into a stationary floating fish farm, the vessel retained its status as a ship due to its inherent navigational capability, significantly broadening the scope of admiralty law.

NAVIGATING THE INTERSECTION OF ARBITRATION AND LITIGATION

Explore the delicate balance between court proceedings and arbitration in our latest legal update, focusing on a pivotal case where a request to file a defense leads to a significant legal debate on the appropriate forum for dispute resolution. Gain insights from key cases that define when to push for arbitration over litigation.

ARBITRATION – AWARD – ENFORCEMENT

How is an arbitral award enforced in Malaysia. Can an arbitral award be challenged?

ARBITRATION – SEAT OF ARBITRATION – DOMESTIC ARBITRATION

How do you decide which High Court to go to enforce or set aside an arbitration award?