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Extract to table / memo-singapore-enforcement-strategy.docx
memo-singapore-enforcement-strategy.docx
Parties
Harkness LLP
Logistics SA
Korinthian Maritime Holdings Ltd
Hartwell Pemberton LLP
Straits Meridian LLP
Aegean Capital Partners SA
KMH's Corp
Singapore Assets Corp
Dates
Amounts
$120,000,000
$1.2441
€620
$280
$15,000,000
$20,000,000
Obligations
Upon the grant of leave, the enforcement order must be served on KMH
The writ must identify the vessel by name, IMO number, and other relevant particulars (M/V Crimson Horizon, IMO 9801334, Handymax Bulk Carrier, 37,500 DWT, Liberian flag) and must set out the nature of the claim and the statutory basis for in rem jurisdiction
Requirement for Vessel to Be in Singapore Waters Critically, the vessel must be within Singapore territorial waters at the time the warrant of arrest is executed
The requirements for a garnishee order are: (i) there must be a judgment or order for the payment of money by the judgment debtor to the judgment creditor — in this case, the enforcement order once leave to enforce the LCIA Award is granted under the IAA; (ii) a third party (the garnishee) must be indebted to the judgment debtor — in this case, Pinnacle Bank (Singapore) Ltd
must owe a debt to KMH; and (iii) the debt owed by the garnishee must be a debt that is ascertainable and presently due and owing, or will become due and owing in the future