Marchand Navigation Co v Olam Global Agri Pte Ltd and Another [2023] SGHC 339 – 29 November 2023 (Kwek Mean Luck J)

M as disponent owner, chartered the Vessel to S, under an NYPE subject to English law and London Arbitration. S provided bunkers to the Vessel, but failed to pay the supplier who was ultimately paid by M, to avoid Vessel arrest. S had sub-chartered to O (a Singaporean company), who had incurred demurrage.  To recoup its bunker payment, M served on O a notice of its NYPE Cl.18 lien “on sub-freights… demurrages… for any amounts due under this Charter”. S asserted that no amounts were due to M under the T/C. The Singapore Court upheld M’s lien, ruling that third party demurrage fell within its ambit and the bunker payment constituted an amount “due under this Charter”; whilst the dispute between M and S was referrable to London Arbitration, that did not preclude M exercising its lien against O and enforcing it in the Singapore Court.