Publication Type
Journal Article
Version
acceptedVersion
Publication Date
9-2023
Abstract
Suppose I have filed my statement of claim endorsing the writ in rem, and the Registrar has issued a warrant of arrest reflecting this claim. I then proceed to execute a warrant of arrest to arrest a vessel. Now, suppose, however, I later discover that the original claim stated in the warrant of arrest does not exist. I then substitute the original claim with a completely different claim altogether. Can the warrant of arrest be upheld based on the amended claim and/or cause of action, even if it was not so pleaded initially when the action in rem commenced? This novel issue arose for the first time in The Jeil Crystal, where the Singapore Court of Appeal reversed the High Court’s decision and answered in the negative. Following that decision, if the warrant of arrest has already been executed, the warrant of arrest must be set aside when the plaintiff seeks to substitute an original claim with an amended claim in the statement of claim.
Discipline
Asian Studies | International Law | Transportation Law
Publication
Singapore Journal of Legal Studies
Volume
[2023]
First Page
490
Last Page
497
ISSN
0218-2173
Publisher
National University of Singapore
Citation
TOR, Ming En.
Effect of amended claim on a warrant of arrest in an admiralty action in rem. (2023). Singapore Journal of Legal Studies. [2023], 490-497.
Available at: https://ink.library.smu.edu.sg/sol_research/4373
Copyright Owner and License
Authors
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
