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CHAPTER 36 Singapore

Limitation of Liability for Maritime Claims

36 Singapore Haridass Ajaib and Augustine Liew Haridass Ho & Partners, 24 Raffles Place, #18-00 Clifford Centre, Singapore 048621 Introduction In this edition, this chapter undergoes fundamental changes, brought about by the Merchant Shipping (Amendment) Act 2004. This Act imports most of the provisions of the Convention on Limitation of Liability for Maritime Claims 1976 (hereinafter “the 1976 Convention”). Subject to certain savings, by sections 3 and 4 of the Merchant Shipping (Amendment) Act 2004, the pre-existing Part VIII of the Merchant Shipping Act (Cap. 179) (which contained the provisions for limitation of liability based on the Convention on Limitation of the Liability of Owners of Sea-going Ships, 1957—hereinafter “1957 Convention”) was repealed and a new Part VIII of sections 134 to 144 and a new Schedule were enacted in its place. The introduction of the provisions of the Convention on Limitation of Liability for Maritime Claims 1976 was foreshadowed by the observations made in the dissenting judgment of Judith Prakash J. in The Sunrise Crane 1 as follows:

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