THE "ENGEDI"

[2010] SGHC 95, High Court, Singapore, Judith Prakash J, 25 March 2010

Admiralty - Arrest - Arbitration - Plaintiff commenced arbitration in respect of claim against original shipowner - Plaintiff arrested sister vessel now owned by another party in an action in rem - Stay declined - International Arbitration Act (Cap 143A, 2002 rev ed)

In an action based on the same facts as The Eagle Prestige (above), the claimant in respect of the damages and hire for the damage to TS Bangkok also claimed in rem against the vessel Eagle Prestige, renamed Engedi. It sought a stay of the action in the hopes that the new owner of Engedi would be willing to join the arbitration in London. The judge declined to grant the stay, saying that there was no arbitration agreement between the claimant under the charterparty and the proper defendant, namely the res, or its owner. The owner of the res in this case was not obliged to participate in another action in personam.