- 26/12/2024
- Legal Update
Singapore | Court of Appeal provides guidance on when non-contractual disputes are caught by an arbitration agreement
In COSCO Shipping Specialized Carriers Co, Ltd v PT OKI Pulp & Paper Mills and others and anor matter [2024] SGCA 50, the claimant shipowner had entered into contracts of carriage with the defendant, who was not only the sub-charterer of the vessel but also the owner and operator of a port facility in Indonesia. Although the defendant commenced Indonesian proceedings claiming for tortious damage and loss when the claimant’s vessel allided with part of the defendant’s port facility, the Court of Appeal held that this dispute was one “arising out of or in connection with” the arbitration agreement between the claimant qua carrier and the defendant qua sub-charterer. Director Mahesh Rai discusses the Court’s decision in this update.
You may read the full update here.