SCMA Tea Talk 2015 ‘As Is’: As You Were? Getting Around the Union Power in Ship Sale and Purchase – An Examination On Key Aspects of the Term “As-Is-Where-Is” by Simon Rainey Q.C.

Organizer Name
Singapore Chamber of Maritime Arbitration (SCMA)
Intellioffices Auditorium, Singapore
Public event, registration required
SCMA Corporate Member: 1st Free, 2nd S$30.00
SCMA Individual Member: S$30.00
Non-Member: S$45.00
Tammy Tan
+65 6324 0552

This presentation surveyed the current position as to the efficacy of commonly used “As Is” or “As Is, Where Is” terms following the decision in The Union Power (2013). Simon reconsidered that case in the light of more recent authority, including Hirtenstein & Il Sole Ltd v Hill Dickinson LLP (July 2014) and suggested that, contrary to the obiter views in The Union Power, such terms could and should work to exclude implied conditions as to quality under the Sale of Goods Act 1979 if properly used. He also considered the general exclusions in the new BIMCO Saleform 2012 and other forms, including the Singapore Ship Sale Form.

About the Speaker
Simon Rainey Q.C. is one of the best-known and highly regarded practitioners at the UK Commercial Bar with a reputation for his intellect, advocacy skills,commercial pragmatism and commitment to client care. He was Counsel for the successful buyers in The Union Power.

He regularly handles substantial and high value commercial disputes arising out of widely differing commercial contracts and contexts, usually with an international aspect and often involving pre-emptive applications such as worldwide freezing orders and complex issues relating to jurisdiction, conflicts of law and enforcement as well as commercial fraud. Simon is also particularly well-known for his expertise in all aspects of shipping and maritime law with a particular focus on energy and oil / gas disputes at all levels of the industry from construction and production to joint ventures, production sharing agreements and all aspects of trading contracts, as well as liability issues arising from rig and offshore field casualties and cases at the cutting edge of energy technology involving wind farms, new generation oil rigs and LNG.

Simon has been recognised for many years by both Chambers & Partners (UK, Global & Asia) and the Legal 500 as a Leading Silk in the areas of “Commercial Dispute Resolution”, “International Arbitration”, “Energy and Natural Resources”, “Shipping / Commodities” and “Insurance””. The most recent editions note Simon as “one of those super silk guys who has the judges eating out of his hands”; “hard-working, diligent and rapier-like in cross-examination”; “…a ferociously intelligent, calm advocate who is imbued with great authority.. fast approaching super silk level,” , “he can go into bat confidently against anyone at the Commercial Bar”…”.

Simon also sits as a Deputy High Court Judge in the Commercial Court and as an International Arbitrator.

About the Organizer

The Singapore Chamber of Maritime Arbitration (SCMA) was originally established in November 2004 and was under management by the Singapore International Arbitration Centre (SIAC). Acting on industry feedback, the SCMA was reconstituted in May 2009 and started functioning independently, with funding from Singapore Maritime Foundation.

The aim of the SCMA is to provide a framework for maritime arbitration which is responsive to the needs of the maritime community. The SCMA has members drawn from all sectors of the maritime community internationally and there is no distinction in the class of membership or their entitlements.

Management of the SCMA is overseen by a board of directors, led by Chairman, Mr. Goh Joon Seng.

Featured Speakers

Simon Rainey Q.C.Barrister/Queen's Counsel

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Mr. Lars Kastrup


Mr. Lars Kastrup is the Chief Executive Officer of Pacific International Lines (Pte) Ltd (PIL).

Prior to joining PIL, Mr. Kastrup was CEO of NOL/APL, and subsequently assumed the role of Executive Vice President, Strategy and M&A at CMA CGM Group. A veteran in the global shipping industry with over 30 years of experience, Mr Kastrup’s other roles include Executive Vice President of Assets at CMA CGM Group heading up CMA Terminals, CMA Ships, Container Logistics as well as regional carriers such as MacAndrews, OPDR and Mercosul; as well as Vice President at AP Moller-Maersk.
Mr. Kastrup complemented his tertiary education with leadership and management training at Penn State University and The Wharton School at the University of Pennsylvania.

Ms. Angeline Teo


Ms. Angeline Teo is the Managing Director and Head of Global Transportation and Offshore, Global Corporate Banking at OCBC Bank which focuses on the maritime, aviation, land & port ecosystems.
Ms. Teo has spent over three decades in maritime finance. Prior to OCBC, Ms. Teo was working at ING Bank, ABN Amro and DnB in Singapore focusing on maritime and offshore.
Ms. Teo graduated from the National University of Singapore with a degree in Business Administration.

Mr. John Martin


Mr. John Martin began his career in London in 1989 with Richards Hogg Lindley Average Adjusters, and qualified as a Fellow of the UK Association of Average Adjusters in 2000.
At RHL he worked in their offices in Australia, Taiwan and Hong Kong. In 2003 he joined Gard Hong Kong, as a claims handler. Mr. Martin also worked in Gard Japan, and in 2014 he moved to Singapore to set up the Gard Singapore office.
Besides running Gard Singapore, Mr. Martin also heads the P&I and H&M claims units and is the Senior Claims Representative for Gard in Asia.

Mr. Cyril Ducau


Mr. Cyril Ducau is the Chief Executive Officer of Eastern Pacific Shipping Pte Ltd, a leading shipping company headquartered in Singapore for the past 30 years.

He is also currently the Chairman of Kenon Holdings Ltd and a member of the board of directors of Gard P&I (Bermuda) Ltd. and of the Global Centre for Maritime Decarbonisation Limited, which was established by the Maritime and Port Authority of Singapore. He was previously Head of Business Development of Quantum Pacific Advisory Limited in London from 2008 to 2012 and acted as Director and Chairman of Pacific Drilling SA between 2011 and 2018.
Prior to joining Quantum Pacific Advisory Limited, Mr. Ducau was Vice President in the Investment Banking Division of Morgan Stanley & Co. International Ltd. in London between 2000 and 2008.
Mr. Ducau graduated from ESCP Europe Business School (Paris, Oxford, Berlin) and holds a Master of Science in business administration and a Diplom Kaufmann.