Jiankai, Eugene 
CHENG

 
Adjunct Research Fellow

FULL BIOGRAPHY

Contact

In Residence

6 May 2019 to 5 May 2021

Eugene is a Senior Claims Handler & Lawyer at the West of England Insurance Services (Luxembourg) SA (“West”) where he handles the full spectrum of P & I claims and FD&D disputes for West’s ship owning and chartering members. In this capacity, he is also an author of West’s legal defence guides published to advise its members of common legal issues encountered in the maritime industry.

Prior to joining West, Eugene was a Senior Associate at a boutique shipping law firm where he spent close to 5 years practising all aspects of maritime law. His practice straddled both wet and dry disputes and he has appeared as counsel before all levels of the Singapore court.

Eugene obtained his LLB (Hons) from the National University of Singapore in 2012 and was admitted as an Advocate & Solicitor of the Supreme Court of Singapore in 2013. He is a member of the Singapore Academy of Law.

Research Project

Negligence in Maritime Disputes Revisited – The Requirement or Ownership or Possessory Title

This project examines the recent developments of tort law in Singapore (the Spandeck test) where it is now trite that a claimant without any proprietary interest in a damaged property nonetheless has locus standi to sue. As this is a major divergence from English law, the project seeks to review the application of the Spandeck test on maritime tort cases. In doing so, the paper for this project will briefly trace the development of English and Singapore tort law to understand the necessity behind the divergence of Singapore tort law and the development of the Spandeck test. Next, the paper will identify and explain the drawbacks of applying the Spandeck test in maritime tort claims. Finally, the paper will conclude with the author’s views as to how the application of the Spandeck test can be reconcile with the position under English law.

The Effectiveness of the Maritime Labour Convention’s Financial Security Certificates in Resolving claims for unpaid seafarer’s wages

This project examines the effectiveness of the Maritime Labour Convention’s financial security certificates (FSCs) in resolving claims for unpaid seafarers’ wages. This paper includes a brief review of the reasons why FSCs were chosen to be a solution for resolving seafarers’ wage claims. It also includes an exposition of how FSCs are issued as well as the coverage provided for under financial institutions such as the International Group P&I Clubs. More importantly, the paper will highlight a number of drawbacks associated with FSCs and explain how such problems do not alleviate the difficulties faced by abandoned seafarers. Finally, the paper will conclude with several solutions and recommendations for providing better welfare and timely assistance for abandoned seafarers.

Presentations

  • “Negligence in Maritime Disputes Revisited – The Requirement for Ownership or Possessory Title”, CML Lunch Seminar,  NUS Law, 14 October 2020
  • “The Effectiveness of the Maritime Labour Convention’s Financial Security Certificates in Resolving Claims for Unpaid Seafarers’ Wages”, CML Research Seminar,  NUS Law, 12 February 2020

Selected Publications

Journal Articles

  • “Negligence in maritime disputes revisited: the requirement for ownership or possessory title” (2021) 27 Journal of International Maritime Law 158-177
  • “The Effectiveness Of The Maritime Labour Convention’s Financial Security Certificates In Resolving Claims For Unpaid Seafarers’ Wages” [2021] Lloyd’s Maritime & Commercial Law Quarterly 124–148
  • “Collisions At Sea Voulme 1: Liability And The Collision Regulations” (Book Review) [2020] 32 SAcLJ 1253-1255
  • “Judicial Sale of Arrested Vessels: The Suitability of Taobao As a Platform for a Singapore Judicial Sale” [2019] 31 SAcLJ 72-94
  • “Fulfilling the Duty of Full and Frank Disclosure in Arrest of Ships – Identifying, Consolidating and Presenting Material Facts” [2017] 29 SAcLJ 317-342
  • “Interpleading: The OW Saga” [2016] 28 SAcLJ 631-648

Working Papers

Others

  • Contributor to Singapore: An Overview of Shipping Law (SAL, 2021)
  • “The Importance of Developing Singapore Law and Jurisprudence for the Maritime Industry” [2019] Singapore Law Gazette
  • Contributor to Halsbury’s Laws of Singapore, Volume 17(2), Shipping, (2016 Reissue)(LexisNexis Singapore, 2016)
  • Contributor to Halsbury’s Laws of Singapore, Volume 17(3), Shipping, (2016 Reissue)(LexisNexis Singapore, 2016)
Journal Articles
Eugene Cheng, 'Negligence in Maritime Disputes Revisited - the Requirement for Ownership or Possessory Title' (2021) 27 Journal of International Maritime Law 158