8 Feb 2024
ZION SHIPPING LIMITED Myanma Five Star Line Co. Ltd.
- Citation
- WA-27NCC-55-10/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-27NCC-55-10/2023 (Mahkamah Tinggi)
On the balance of probabilities the Settlement Agreement did not supersede the Charterparty because the letter expressly formed part of the Charterparty and no comprehensive settlement of all Charterparty issues including off‑hire was evidenced; accordingly the plaintiff's off‑hire claim arises from the Charterparty and falls within s20(2)(h) SCA so admiralty in rem jurisdiction was properly invoked; there was insufficient basis to strike out the claim as frivolous or an abuse; the arbitration clause is valid and operative and a mandatory stay of proceedings pending arbitration in Singapore i…