THE “NAVIOS KOYO”

[2021] SGCA 99, Singapore Court of Appeal, Sundaresh Menon CJ; Judith Prakash JCA; Steven Chong JCA, 27 October 2021

Admiralty – Bills of lading – Arbitration – Party autonomy – Stay – Conditional stay – When conditions imposed – Importance of quantum – International Arbitration Act (Cap 143A, 2002 Rev Ed)

The appellant had financed the purchase of a cargo of pine logs for the buyer of the cargo and now claimed against the respondent carrier under bills of lading in the Congenbill 1994 form, which incorporated a charterparty and its arbitration clause. Discharge from the vessel Taikoo Brilliance was completed by 23 September 2019, allegedly without presentation of the bills of lading and without the knowledge of the appellant.