Matter
DMF v DMG and another matter (Singapore International Commercial Court [2025] SGHC(I) 12)
SCMA arbitration over a palm-oil charterparty, tribunal jurisdiction, alleged sanctions-related illegality, and Singapore and Malaysian court proceedings.
Procedural record
- 8 July 2022Malaysia
8 July 2022Malaysia
Warrant of arrest of the High Court of Malaya at Kuala Lumpur in the case WA-27NCC-32-07/2022 dated 8 July 2022
High Court of Malaya at Kuala Lumpur
- Decision summary
- The court granted DMG a warrant of arrest over the Vessel as security for its charterparty claim to be pursued in Singapore arbitration. The warrant was served on 10 July 2022.
Participants
DMG
- Representative
- Matthew Van Huizen (For: DMG)
- Representative
- Joseph & Partners (For: DMG)
DMF
High Court of Malaya at Kuala Lumpur
Other
- Witness
- Matthew Van Huizen (For: DMG)
2 months and 4 days later · 66 days
- 12 September 2022Malaysia
12 September 2022Malaysia
Order of the High Court of Malaya at Kuala Lumpur in the case WA-27NCC-32-07/2022 dated 12 September 2022
High Court of Malaya at Kuala Lumpur
- Decision summary
- The court dismissed DMF's application to set aside the warrant of arrest and ordered it to pay DMG costs of RM20,000, subject to allocatur. No reasons were given.
Participants
- Application
- Application to set aside the warrant of arrest (Enclosure 20) — Dismissed with costs
DMF
- Representative
- Siva Kumar Kanagasabai (For: DMF)
- Representative
- Dhanyaa Shreeya Sukumar (For: DMF)
- Representative
- Melissa Malthew (For: DMF)
DMG
- Representative
- Jeremy M. Joseph (For: DMG)
- Representative
- Matthew Jerome van Huizen (For: DMG)
- Representative
- Joseph & Partners (For: DMG)
High Court of Malaya at Kuala Lumpur
- Judge
- Azlan Bin Sulaiman
Other
- Witness
- Captain [B] (For: DMF)
1 year, 11 months and 1 day later · 701 days
- 13 August 2024Singapore
13 August 2024Singapore
Partial Award on Jurisdiction dated 13 August 2024
Singapore Chamber of Maritime Arbitration
- Decision summary
- The majority held that DMF was a party to the charterparty and that the tribunal therefore had jurisdiction over it. All tribunal members agreed that [Z] Service Limited was a party to the charterparty.
Participants
DMF
DMG
Singapore Chamber of Maritime Arbitration
8 months and 4 days later · 247 days
- 17 April 2025Singapore
17 April 2025Singapore
Judgment of the Singapore International Commercial Court in the cases SIC/OA 26/2024 and SIC/OA 27/2024 dated 17 April 2025
Singapore International Commercial Court
- Citation
- [2025] SGHC(I) 12
- Decision summary
- The court dismissed both applications. On a de novo review in OA 26, it held that DMF was a party to the charterparty and its arbitration clause; the alternative arguments based on issue estoppel, Henderson v Henderson, approbation and reprobation, and abuse of process would not have succeeded. In OA 27, it held that the alleged sanctions-related illegality and public-policy issues should be decided first by the tribunal, subject to review under Article 34 of the Model Law, rather than by pre-emptive declarations. Order 16 rule 8 permits submissions on foreign law in place of proof, not general representation by foreign counsel on the substance of the case. Directions were given for costs schedules and submissions; costs were not determined.
Participants
- Application
- SIC/OA 26/2024 (formerly HC/OA 919/2024): challenge to tribunal jurisdiction — Dismissed
- Application
- SIC/OA 27/2024 (formerly HC/OA 921/2024): declarations of non-arbitrability and unenforceability — Dismissed
DMF
- Representative
- Raymond Ong (For: DMF)
- Representative
- Fullerton Law Chambers LLC (For: DMF)
- Expert
- Nik Azila Shuhada (For: DMF)
- Representative
- Shearn Delamore & Co (For: DMF)
DMG
- Representative
- Corina Song (For: DMG)
- Representative
- Daniel Liang (For: DMG)
- Representative
- KarLuis Quek (For: DMG)
- Representative
- Thomas Benjamin Lawrence (For: DMG)
- Representative
- Allen & Gledhill LLP (For: DMG)
- Expert
- Roderick Cordara KC (For: DMG)
- Expert
- Arun Krishnalingam (For: DMG)
- Representative
- Sativale Mathew Arun (For: DMG)
Singapore International Commercial Court
- Judge
- Simon Thorley IJ
Other
- Witness
- Mr [C] (For: DMF)
- Witness
- Mr [D] (For: DMG)
- Date not availableSingapore
Date not availableSingapore
Dissent Award on Jurisdiction
Singapore Chamber of Maritime Arbitration
- Decision summary
- The presiding arbitrator dissented from the majority's conclusion that DMF was a party to the charterparty.
Participants
DMF
DMG
Singapore Chamber of Maritime Arbitration
- Date not availableMalaysia
Date not availableMalaysia
Order of the High Court of Malaya at Kuala Lumpur on the vessel-release application in the case WA-27NCC-32-07/2022
High Court of Malaya at Kuala Lumpur
- Decision summary
- DMF's application for release of the Vessel on provision of security fell away after the Vessel broke arrest and was subsequently dismissed.
Participants
- Application
- Application filed on 12 September 2022 for release of the Vessel on provision of security — Dismissed
DMF
DMG
High Court of Malaya at Kuala Lumpur
Other
- Witness
- Captain [B] (For: DMF)