Lloyd's Shipping & Trade Law

Marine Insurance - Piracy - Payment of ransom - Vessel and cargo released from seizure - whether cargo became an actual total loss on seizure - theft - public policy

P&I insurance – Whether ‘ordinary judicial process’ – Whether breach of duty to sue and labour

In Global Process Systems Inc v Syarikat Takaful Malaysia Bhd (‘The Cendor Mopu’) [2011] UKSC 5, the Supreme Court dealt with the interpretation of the ‘inherent vice’ exclusion and in so doing widened the scope of the concept of ‘perils of the sea’. The court held that the exclusion would not apply where the result of weather and sea conditions - albeit they are foreseeable and ordinary - was fortuitous.

Breach of warranty – Waiver by estoppel – Affirmation of contract – Misrepresentation – Damages

Electrosteel Europe SA v Edil Centro SpA Case C-87/10

Consecutive voyage charterparty - Time bar for claim in respect of first voyage

Shipbuilding Contract – Dispute resolution – Shipbuilder’s failure to institute arbitration proceedings timeously – Time bar

Under art 16(c) of UCP 600, issuing or confirming banks must serve notice in case of non-compliance between the documents tendered by the seller and the letter of credit. The notice needs to specify any discrepancies and the documents should be returned to the seller, although art 16 is silent in relation to timing. Confirming the first instance judgment, the Court of Appeal in Fortis Bank SA/NV v Indian Overseas Bank [2011] EWCA Civ 58 re-emphasised the importance of a prompt return of documents to sender.