ANL Singapore Ltd v The “Pontianak Caraka Jaya Niaga III-34”: Stay of Proceedings for Foreign Arbitration

ANL Singapore Ltd (“ANL”) appealed against the Assistant Registrar’s decision to set aside the service of its Writ of Summons on a vessel, the “Pontianak Caraka Jaya Niaga III-34” (the “Pontianak”), and to stay all further proceedings in favour of foreign arbitration. The respondent intervener, PT Djakarta Lloyd (Persero) (“PTDL”), is an Indonesian state-owned company, in whose name the vessel was registered. The High Court overruled the decision to set aside the service of the Writ of Summons but affirmed the decision to stay the proceedings in Adm No 250 to enable the parties to resolve their dispute by means of arbitration.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed in part and allowed in part.

1.3 Case Type

Admiralty

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding the setting aside of service of a writ and stay of proceedings in favor of foreign arbitration. The court upheld the stay of proceedings.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
ANL Singapore LtdAppellant, PlaintiffCorporationAppeal dismissed in part and allowed in partPartial
PT Djakarta Lloyd (Persero)Respondent, IntervenerCorporationSuccessful in partPartial

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$719,096.64 for slot fees due under the Main Agreement and a slot charterparty dated 1 January 2008.
  2. PTDL intervened, claiming the vessel was owned by the State and seeking a stay for foreign arbitration.
  3. The Assistant Registrar set aside the service of the Writ of Summons and ordered a stay of proceedings.
  4. ANL appealed against the Assistant Registrar’s decision.
  5. The dispute arose from slot charterparties, including the AAX Main Agreement dated 23 November 2001.

5. Formal Citations

  1. The “Pontianak Caraka Jaya Niaga III-34”, Admiralty in Rem No 250 of 2009 (Registrar's Appeal No 15 of 2010), [2010] SGHC 314

6. Timeline

DateEvent
AAX Main Agreement dated
Addendum dated
Memorandum of Understanding dated
ANL filed Admiralty in Rem No 181 of 2009
Appellant arrested the Pontianak
PTDL filed SUM No 5042/2009
PTDL filed SUM No 5120/2009
Assistant Registrar heard both the summonses in question
Judgment reserved

7. Legal Issues

  1. Stay of Proceedings in Favor of Foreign Arbitration
    • Outcome: The court affirmed the Assistant Registrar’s decision to stay the proceedings in Adm No 250 to enable the parties to resolve their dispute by means of arbitration.
    • Category: Procedural
  2. Setting Aside Service of Writ of Summons
    • Outcome: The court overruled the Assistant Registrar’s decision to set aside the service of the Writ of Summons in Adm No 250 on the Pontianak.
    • Category: Procedural

8. Remedies Sought

  1. Monetary Damages
  2. Setting Aside of Order
  3. Stay of Proceedings

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Admiralty
  • Arbitration
  • Commercial Litigation

11. Industries

  • Shipping

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
2010 [SGHC] 307High CourtYes[2010] SGHC 307SingaporeThe court relied on its earlier judgment in Adm No 181 to determine the beneficial ownership of the vessel and to affirm the stay of proceedings in favor of foreign arbitration.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
High Court (Admiralty Jurisdiction) Act (Cap 123, 2001 Rev Ed)Singapore
International Arbitration Act (Cap 143A, 2002 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Slot Fees
  • Slot Charterparty
  • Foreign Arbitration
  • Stay of Proceedings
  • Beneficial Ownership
  • Writ of Summons

15.2 Keywords

  • Admiralty
  • Arbitration
  • Stay of Proceedings
  • Slot Charterparty
  • Singapore
  • Shipping
  • Contract Law

17. Areas of Law

Area NameRelevance Score
Admiralty and Maritime Law90
Arbitration85
Shipping Law75
Breach of Contract70
Slot Charterparty65
Contract Law60
Performance of Contract50

16. Subjects

  • Admiralty
  • Arbitration
  • Contract Law
  • Civil Procedure