Effect of amended claim on a warrant of arrest in an admiralty action in rem

• Main Author: TOR, Ming En
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2023
• Subjects: Asian Studies; International Law; Transportation Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/4373; https://ink.library.smu.edu.sg/context/sol_research/article/6331/viewcontent/EffectAmendedClaim_av.pdf
• Institution: Singapore Management University

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.