ANL Singapore Ltd v The “Makassar Caraka Jaya Niaga III-39”: Dispute over Slot Charterparty Agreement and Foreign Arbitration

In a dispute between ANL Singapore Ltd (“ANL”) and PT Djakarta Lloyd (Persero) (“PTDL”) before the High Court of Singapore, ANL appealed against the Assistant Registrar's decision regarding Admiralty in Rem No 205 of 2009. The dispute concerned US$738,662.80 in slot fees allegedly owed under a slot charterparty agreement. The High Court overruled the decision to set aside the Writ of Summons, affirming that the Makassar was beneficially owned by PTDL, but upheld the stay of proceedings in favor of foreign arbitration, as per the contract between the parties. Each party will bear its own costs for the appeal.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal allowed in part.

1.3 Case Type

Admiralty

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding a dispute over slot fees under a charterparty agreement. The court addressed beneficial ownership and upheld the stay of proceedings in favor of foreign arbitration.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
The "Makassar Caraka Jaya Niaga III-39"OtherOtherService of Writ of Summons upheld, but proceedings stayedNeutral
ANL Singapore LtdAppellant, PlaintiffCorporationAppeal allowed in partPartial
PT Djakarta Lloyd (Persero)Respondent, IntervenerCorporationStay of proceedings affirmedWon

3. Judges

Judge NameTitleDelivered Judgment
Tan Lee MengJudgeYes

4. Counsels

Counsel NameOrganization
Toh Kian SingRajah & Tann LLP
Leong Kah WahRajah & Tann LLP
Koh See BinRajah & Tann LLP
Leong Kai YuanAng & Partners
Gan Seng CheeAng & Partners

4. Facts

  1. ANL claimed US$738,662.80 for slot fees allegedly due under a slot charterparty agreement.
  2. The slot charterparty agreement was entitled “AAX Main Agreement” and entered on 23 November 2001.
  3. PTDL intervened, contending the Makassar is owned by the State and it is merely the state-appointed operator.
  4. The Assistant Registrar set aside the service of the Writ of Summons and stayed proceedings in favor of arbitration.
  5. ANL appealed the Assistant Registrar's decision regarding SUM No 5121 of 2009 in Adm No 205.

5. Formal Citations

  1. The “Makassar Caraka Jaya Niaga III-39”, Admiralty in Rem No 205 of 2009 (Registrar's Appeal No 14 of 2010), [2010] SGHC 313

6. Timeline

DateEvent
AAX Main Agreement entered between the parties
Addendum to AAX Main Agreement dated
Memorandum of Understanding dated
Slot charterparty concluded between ANL and PTDL
ANL instituted Admiralty in Rem No 175 of 2009 against the owners of the Makassar
ANL arrested the Makassar
ANL instituted Admiralty in Rem No 205 of 2009 against the owners of the Makassar
PTDL filed SUM No 5039 of 2009
PTDL filed SUM No 5121 of 2009
Summonses in Adm No 175 and Adm No 205 heard by the Assistant Registrar
Judgment reserved

7. Legal Issues

  1. Beneficial Ownership of Vessel
    • Outcome: The court held that the Makassar is beneficially owned by PTDL.
    • Category: Substantive
    • Related Cases:
      • [2010] SGHC 306
  2. Stay of Proceedings in Favor of Foreign Arbitration
    • Outcome: The court affirmed the Assistant Registrar’s decision to stay all further proceedings in favor of foreign arbitration.
    • Category: Procedural

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Admiralty
  • Arbitration
  • Commercial Litigation

11. Industries

  • Shipping

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
ANL Singapore Ltd v The “Makassar Caraka Jaya Niaga III-39”High CourtYes[2010] SGHC 306SingaporeThe court relied on its earlier judgment regarding the beneficial ownership of the vessel and the arbitration clause.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
High Court (Admiralty Jurisdiction) Act (Cap 123, 2001 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Slot Charterparty
  • Beneficial Ownership
  • Foreign Arbitration
  • Writ of Summons
  • Stay of Proceedings
  • AAX Main Agreement

15.2 Keywords

  • Admiralty
  • Arbitration
  • Charterparty
  • Shipping
  • Singapore
  • Contract Law

17. Areas of Law

Area NameRelevance Score
Admiralty and Maritime Law95
Arbitration80
Shipping Law75
Breach of Contract60
Contract Law50
Natural forum30

16. Subjects

  • Admiralty
  • Arbitration
  • Contract Law
  • Shipping