Arbitral Digest

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.

  • International commercial arbitration
  • Cross-border litigation
  • Jurisdiction and arbitration agreements
  • Public policy
  • Sanctions disputes
  • UNCITRAL Model Law
  • Choice of law
  • Parallel proceedings
  • Interim measures
Case no.
SCMA Case No 2022/33
Seat
Singapore
Industry type
Transportation and storage
Applicable rules
Singapore Chamber of Maritime Arbitration Rules
Substantive governing law
English law
Arbitration commencement date
10 August 2022
Charterparty date
10 June 2022

Procedural record

  1. 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

    Case no.
    WA-27NCC-32-07/2022
    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

  2. 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

    Case no.
    WA-27NCC-32-07/2022
    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

  3. 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

  4. 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

    Case no.
    Originating Application Nos 26 and 27 of 2024
    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)

    Authorities cited

    72
    • Sanum Investments Ltd v Government of the Lao People's Democratic Republic ([2016] 5 SLR 536, paragraphs 40-44)
      case
    • Henderson v Henderson ((1843) 3 Hare 100)
      case
    • Americas Bulk Transport Ltd v Cosco Bulk Carrier Ltd (The Grand Fortune) ([2020] 2 Lloyd's Rep 105)
      case
    • Marley v Rawlings ([2015] AC 129, paragraphs 18-19)
      case
    • Prenn v Simmonds ([1971] 1 WLR 1381)
      case
    • Rainy Sky SA v Kookmin Bank ([2011] 1 WLR 2900)
      case
    • Reardon Smith Line Ltd v Yngvar Hansen-Tangen (trading as H E Hansen-Tangen) ([1976] 1 WLR 989)
      case
    • Bank of Credit and Commerce International SA v Ali ([2002] 1 AC 251, paragraph 8)
      case
    • Hector v Lyons ((1988) 58 P & CR 156)
      case
    • Shogun Finance Ltd v Hudson ([2004] 1 Lloyd's Rep 532; [2004] 1 AC 919)
      case
    • Estor Ltd v Multifit (UK) Ltd ([2010] CILL 2800, paragraph 26)
      case
    • Hamid v Francis Bradshaw Partnership ([2013] BLR 447)
      case
    • Navig8 Inc v South Vigour Shipping Inc ([2015] 1 Lloyd's Rep 436)
      case
    • North Atlantic Insurance Co Ltd v Nationwide General Insurance Co Ltd ([2003] 2 CLC 731, paragraph 28)
      case
    • National Oilwell (UK) Ltd v Davy Offshore Ltd ([1993] 2 Lloyd's Rep 582, page 597)
      case
    • O/Y Wasa S.S. Co Ltd and another v Newspapers Pulp & Wood Export Ltd ([1949] 82 Lloyd's List Rep 936)
      case
    • Asty Maritime Co Ltd and another v Rocco Guiseppe & Figli and others (The Astyanax) ([1985] 2 Lloyd's Rep 109)
      case
    • Scrutton on Charterparties and Bills of Lading (David Foxton et al, Scrutton on Charterparties and Bills of Lading (Sweet & Maxwell, 24th Ed, 2020), paragraph 2-057)
      academic
    • Carriage of Goods by Sea (Stephen Girvin, Carriage of Goods by Sea (Oxford University Press, 3rd Ed, 2022), paragraph 1.45)
      academic
    • Carver on Charterparties (Sweet & Maxwell, 2nd Ed, Howard Bennett, general editor), paragraph 2-003
      academic
    • Malaysian Courts of Judicature Act 1964 (Courts of Judicature Act 1964 (Malaysia), section 24(b))
      statute
    • Senior Courts Act 1981 (United Kingdom) (Senior Courts Act 1981 (c 54), referred to also as the Supreme Court Act 1981, sections 20(2)(h) and 21(4))
      statute
    • Malaysian Arbitration Act 2005 (Arbitration Act 2005 (Malaysia), sections 10 and 11(1)(c))
      statute
    • Merck Sharp & Dohme Corp (formerly known as Merck & Co, Inc) v Merck KGaA (formerly known as E Merck) ([2021] 1 SLR 1102)
      case
    • BWG v BWF ([2020] 1 SLR 1296)
      case
    • Jtrust Asia Pte Ltd v Group Lease Holdings Pte Ltd and others ([2018] 2 SLR 159)
      case
    • Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd) ([2014] AC 160, paragraph 25)
      case
    • Gabriel Peter & Partners (suing as a firm) v Wee Chong Jin and others ([1997] 3 SLR(R) 649, paragraph 22)
      case
    • Lim Geok Lin Andy v Yap Jin Meng Bryan and another appeal ([2017] 2 SLR 760)
      case
    • Singapore Civil Procedure 2020, volume 1 (Chua Lee Ming, general editor; Sweet & Maxwell, 10th Ed, 2020), paragraph 18/19/14
      academic
    • Treasure Valley Group Ltd v Saputra Teddy and another (Ultramarine Holdings Ltd, Intervener) ([2006] 1 SLR(R) 358, paragraph 31)
      case
    • Evans v Bartlam ([1937] AC 473, page 483)
      case
    • Halsbury's Laws of Australia, volume 12 (Butterworths, 1995), paragraph 190-35
      academic
    • Express Newspapers (short title cited in the quotation from BWG v BWF)
      case
    • First National Bank (short title cited in the quotation from BWG v BWF)
      case
    • Spencer Bower and Handley: Res Judicata (Patrick Keane, Spencer Bower and Handley: Res Judicata (LexisNexis, 6th Ed, 2024), paragraph 1.02)
      academic
    • Civil Jurisdiction and Judgments, paragraph 7.82
      academic
    • The Republic of India v Deutsche Telekom AG ([2024] 1 SLR 56, paragraphs 64 and 69)
      case
    • Good Challenger Navegante SA v Metalexportimport SA (The Good Challenger) ([2004] 1 Lloyd's Rep 67)
      case
    • PAO Tatneft v Ukraine ([2021] 1 WLR 1123, paragraph 34)
      case
    • Malaysian Rules of Court 2012 (Rules of Court 2012 (Malaysia), Order 70 rule 16)
      rules
    • CIX v DGN ([2025] 1 SLR 272, paragraphs 57-61)
      case
    • The Royal Bank of Scotland NV (formerly known as ABN Amro Bank NV) and others v TT International Ltd (nTan Corporate Advisory Pte Ltd and others, other parties) and another appeal ([2015] 5 SLR 1104)
      case
    • Johnson v Gore Wood & Co (a firm) ([2002] 2 AC 1, page 31D)
      case
    • Goh Nellie v Goh Lian Teck and others ([2007] 1 SLR(R) 453, paragraph 53)
      case
    • Clarkson v Future Resources FZE ([2022] EWCA Civ 230, paragraph 47)
      case
    • Recovery Vehicles Pte Ltd v Industries Chimiques du Senegal ([2021] 1 SLR 342, paragraph 111)
      case
    • Bryanston Finance Ltd v De Vries ([1976] 1 Ch 63, page 77)
      case
    • International Arbitration Act 1994 (2020 Rev Ed), sections 3, 10(2), 10(3) and 11
      statute
    • UNCITRAL Model Law on International Commercial Arbitration, Articles 5, 16(3) and 34
      model law
    • Arbitration in Singapore: A Practical Guide (Sundaresh Menon, editor-in-chief; Sweet & Maxwell, 2nd Ed, 2018), paragraph 10.017
      academic
    • Sun Travels & Tours Pvt Ltd v Hilton International Manage (Maldives) Pvt Ltd ([2019] 1 SLR 732, paragraphs 131-135)
      case
    • International Research Corp PLC v Lufthansa Systems Asia Pacific Pte Ltd and another ([2014] 1 SLR 130)
      case
    • BCY v BCZ ([2017] 3 SLR 357)
      case
    • AKN and another v ALC and others and other appeals ([2016] 1 SLR 966, paragraph 68)
      case
    • Supreme Court of Judicature Act 1969 (2020 Rev Ed), section 18 and First Schedule paragraph 14
      statute
    • Singapore Rules of Court (2014 Rev Ed) (Rules of Court (Cap 322, R 5, 2014 Rev Ed), Order 15 rule 16, Order 18 rule 19(1)(d) and Order 110 rule 25)
      rules
    • LW Infrastructure Pte Ltd v Lim Chin San Contractors Pte Ltd and another appeal ([2013] 1 SLR 125)
      case
    • Arbitration Act 2001 (Singapore) (Arbitration Act 2001, also cited as Arbitration Act (Cap 10, 2002 Rev Ed), sections 47 and 48)
      statute
    • DMZ v DNA ([2025] SGHC 31, paragraphs 24-25)
      case
    • COT v COU and others and other appeals ([2023] SGCA 31, paragraph 1)
      case
    • A Guide to the UNCITRAL Model Law on International Commercial Arbitration: Legislative History and Commentary (H M Holtzmann and J E Neuhaus, A Guide to the UNCITRAL Model Law on International Commercial Arbitration: Legislative History and Commentary (Kluwer Law and Taxation Publishers, 1989), page 216)
      academic
    • Singapore Law on Arbitral Awards (Chan Leng Sun SC, Singapore Law on Arbitral Awards (Academy Publishing, 2011), paragraph 4.13)
      academic
    • Singapore International Commercial Court Rules 2021, Order 16 rule 8 and Order 3 rules 1 and 3
      rules
    • Pacific Recreation Pte Ltd v S Y Technology Inc and another appeal ([2008] 2 SLR(R) 491, paragraph 54)
      case
    • Actavis UK Limited and others v Eli Lilly & Co ([2017] UKSC 48, paragraph 93)
      case
    • EFT Holdings, Inc and another v Marinteknik Shipbuilders (S) Pte Ltd and another ([2014] 1 SLR 860, paragraph 57)
      case
    • Report of the Singapore International Commercial Court Committee (29 November 2013; co-chairmen Indranee Rajah and V K Rajah), paragraphs 34, 36 and 37
      report
    • Legal Profession Act 1966
      statute
    • Singapore Chamber of Maritime Arbitration Rules (Arbitration Rules of the Singapore Chamber of Maritime Arbitration, as incorporated in clause 41 of the charterparty)
      rules
    • SIAC Rules, as cited in the quotation from DMZ v DNA
      rules
    • MARPOL Annex 2, regulation 4.1.3, as cited in the charterparty
      treaty
  5. 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
  6. 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

    Case no.
    WA-27NCC-32-07/2022
    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)

Matter record

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DMF v DMG and another matter (Singapore International Commercial Court [2025] SGHC(I) 12) · Matter