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Reconciling the Tension between Insolvency Law and Admiralty In Rem Claims: The Ocean Winner [2021] 4 SLR 526

Tan Siew Chi and Koh Thiam Kwee

[2021] SAL Prac 25

Abstract:
The right of a claimant with a statutory right of action in rem (conveniently known as a statutory lien) to bring admiralty in rem proceedings has been fraught with difficulty where a company (the person who would be liable in personam) enters judicial management or insolvency-related administration. This article considers the impact of the decision in The Ocean Winner [2021] 4 SLR 526 on the rights of such claimants.