COSCO Shipping Specialized Carriers Co., Ltd. v PT OKI PULP & PAPER MILLS & 2 Ors

[2024] SGCA 50 Court of Appeal 13 November 2024 CA/CA 29/2024 ( CA/SUM 23/2024 ) 69 min read
39 cases cited (28 SG, 11 foreign) Cited by 1 case

Key facts

Court Court of Appeal
Decided
Judges Belinda Ang Saw Ean, Steven Chong, Sundaresh Menon
Charges / claim Arbitration, Civil Procedure
Counsel JLex LLC, Rajah & Tann Singapore LLP, Dedi Affandi bin Ahmad, Hazel Cheah Kam Ying, Poh Ying Ying Joanna, Tan Wee Kong, Toh Kian Sing, Wu Muyu

Source: [2024] SGCA 50, Court of Appeal, decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (3)

Counsel (8)

Parties (3)

Case Significance

COSCO Shipping Specialized Carriers Co, Ltd v PT OKI Pulp & Paper Mills and others and another matter [2024] SGCA 50 was decided by the Court of Appeal on 13 November 2024 in Civil Appeal No 29 of 2024 and Summons No 23 of 2024, with Steven Chong JCA delivering the grounds of decision of the court sitting with Sundaresh Menon CJ and Belinda Ang Saw Ean JCA. The appellant was COSCO Shipping Specialized Carriers Co, Ltd, and the respondents included PT OKI Pulp & Paper Mills and COSCO Shipping Specialized Carriers (Europe) BV, together with all other persons claiming damage, loss, expense or indemnity arising out of contact between the vessel "LE LI" (IMO No 9192674) and the jetty or structure at Tanjung Tapa Pier on or about 31 May 2022. The proceedings arose in the matter of Admiralty in Personam No 50 of 2022 (Summons No 2676 of 2023). The grounds of decision addressed the ambit and scope of the phrase "arising out of or in connection with this contract", specifically whether a dispute over damage done by the shipowner or carrier to a trestle bridge owned by the cargo shipper is a dispute arising out of or in connection with the contract of carriage evidenced by bills of lading, alongside the restraint of foreign judicial proceedings and injunctions. Statutes referenced included the Arbitration Act, the International Arbitration Act, the Limitation Act, the Sale of Goods Act, the Supreme Court of Judicature Act and the United States Carriage of Goods by Sea Act.

[2024] SGCA 50 explained

COSCO Shipping Specialized Carriers Co., Ltd. v PT OKI PULP & PAPER MILLS & 2 Ors ([2024] SGCA 50) is a Singapore judgment decided by the Court of Appeal on 13 November 2024. It is categorised under Arbitration and Civil Procedure. Within this corpus it has since been cited by 1 other reported Singapore judgment, a measure of how often later decisions have referred to it. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2024] SGCA 50 about?

COSCO Shipping Specialized Carriers Co., Ltd. v PT OKI PULP & PAPER MILLS & 2 Ors ([2024] SGCA 50) is a Court of Appeal decision from 2024. Its published catchwords are “Arbitration — Restraint of proceedings — Foreign judicial”, “Civil Procedure — Injunctions — Restraint of foreign judicial proceedings”, and “Arbitration — Agreement — Scope — Whether dispute arising for damage done by shipowner/carrier to a trestle bridge owned by the cargo shipper is a dispute “arising out of or in connection with” the contract of carriage evidenced by bills of lading”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2024] SGCA 50 consider?

The judgment refers to Arbitration Act (Cap 10), International Arbitration Act (Cap 143A), Limitation Act (Cap 163), and Sale of Goods Act, among other provisions. The statutes cited are listed in full on this page, each linking to its primary text.

What earlier Singapore cases does [2024] SGCA 50 cite?

Among the in-corpus authorities it refers to are [2024] SGCA 46, [2024] SGCA(I) 8, and [2024] SGHC 92. The complete list of cases cited, and of later cases that cite this decision, is shown on this page.

How influential is [2024] SGCA 50?

Within this corpus, [2024] SGCA 50 has been cited by 1 later reported Singapore judgment. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.

What was the key issue in COSCO Shipping v PT OKI Pulp & Paper Mills [2024] SGCA 50?

The Court of Appeal addressed the scope of the phrase "arising out of or in connection with this contract", including whether a dispute over damage to a trestle bridge owned by the cargo shipper fell within the contract of carriage evidenced by bills of lading.

Which judges decided COSCO Shipping v PT OKI Pulp & Paper Mills ([2024] SGCA 50)?

The Court of Appeal comprising Sundaresh Menon CJ, Steven Chong JCA and Belinda Ang Saw Ean JCA decided Civil Appeal No 29 of 2024 and Summons No 23 of 2024 on 13 November 2024. Steven Chong JCA delivered the grounds of decision of the court.

Statutes Cited

Cases Cited (39)

SG (5)
SLR (23)
[1997] 2 SLR(R) 148 [1997] 2 SLR(R) 291 [1999] 3 SLR(R) 432 [2004] 2 SLR(R) 457 [2005] 3 SLR(R) 719 [2005] 4 SLR(R) 494 [2007] 1 SLR(R) 629 [2009] 3 SLR(R) 936 [2009] 4 SLR(R) 732 [2014] 2 SLR 208 [2016] 1 SLR 373 [2016] 3 SLR 431 [2016] 5 SLR 455 [2018] 2 SLR 1271 [2019] 1 SLR 732 [2020] 1 SLR 456 [2020] 4 SLR 1014 [2022] 3 SLR 103 [2023] 2 SLR 77 [2024] 1 SLR 307 [2024] 1 SLR 56 [2024] 3 SLR 1282 [2024] 3 SLR 807
UK (9)
[1936] 1 Ch 365 [1981] AC 557 [1990] 1 AC 109 [2003] UKHL 26 [2007] UKHL 4 [2020] 1 WLR 4117 [2021] 1 WLR 5475 [2022] EWHC 1953 [2023] UKSC 32
AU (2)
[2004] HCA 35 [2006] FCAFC 192

Cited By (1)

Related cases

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Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGCA 50)