IM Skaugen SE v MAN Diesel & Turbo SE [2018] SGHC 123

• Main Author: CHONG, Adeline
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2018
• Subjects: Conflict of Laws; Dispute Resolution and Arbitration
• Online Access: https://ink.library.smu.edu.sg/sol_research/2873; https://ink.library.smu.edu.sg/context/sol_research/article/4831/viewcontent/IM_Skaugen_SE_v_MAN_Diesel__1_.pdf
• Institution: Singapore Management University

In IM Skaugen SE v MAN Diesel & Turbo SE [2018] SGHC 123, the Singapore High Court had the occasion to discuss and resolve various meaty private international law issues. The facts concerned the alleged negligent or fraudulent misrepresentation by the defendants on the fuel consumption of a specific model of engine that was sold and installed into ships owned by the plaintiffs. The issue before the court was whether the Singapore courts had jurisdiction over the misrepresentation claim. The defendants were German and Norwegian incorporated companies so the plaintiffs applied for leave to serve the writ out of Singapore. This entailed fulfilling a 3 stage process, following English common law rules: (1) a good arguable case that the case falls within one of the heads set out in the Rules of Court, Order 11, (2) a serious issue to be tried on the merits, and (3) Singapore is forum conveniens on applying the test set out in The Spiliada [1987] AC 460. Stages (1) and (3) were at issue in the case.