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Articles for May 2011
FG Hemisphere Associates LLC v Democratic Republic of the Congo and Ors - Hong Kong SAR Court of Appeal (Stock VP, Yeung and Yuen JJA) - 10 February 2010 #
13 May 2011
The plaintiff sought leave to enforce arbitration awards made in France and Switzerland against the Democratic Republic of the Congo (“DRC”). France and Switzerland were parties to the New York Convention on the Enforcement and..
Pacific Merchant Shipping Association v Goldstene - US Court of Appeals (9th Circuit)(Cowen, Tashima and Silverman Ct JJ) - 28 March 2011 #
13 May 2011
On 16 April 2009 the State of California introduced fuel use regulations (“the Vessel Fuel Rules”) the purpose of which was to reduce air pollutants affecting the state of California by requiring ocean-going vessels to..
Taigo Ltd v China Master Shipping Ltd - Hong Kong SAR Court of First Instance Construction and Arbitration Proceedings (Saunders J) - 9 July 2010 #
13 May 2011
Taigo brought arbitration proceedings against China Master in relation to disputes which had arisen under a time charter. China Master counterclaimed damages for wrongful repudiation of the charter by Taigo. The arbitration was deal with..
D'Amico Dry Ltd v Primera Maritime (Hellas) Ltd - US District Court (SDNY) (Koeltl DJ) - 26 March 2011 #
13 May 2011
D’Amico was a charterer of “Panamax” dry bulk cargo vessels. D’Amico sometimes entered into Forward Freight Agreements (“FFAs”) to hedge its chartering business, and on 2 September 2008 the parties entered into an agreement whereby..
Société Telus Communications and Ors v Peracomo Inc and Ors (The "Realice") - Federal Court (Harrington J) - 6 May 2011 #
25 May 2011
The fishing vessel Realicewas owned by Peracomo Inc, the president and sole shareholder of which was Mr Réal Vallée, who was also the master of the vessel. In June 2006 the Realice, was engaged in..
Saldanha v Fulton Navigation Inc (The "Omega King") - QBD (Admlty Ct)(Jervis Kay QC, Admiralty Registrar) - 10 May 2011 #
25 May 2011
Bernard Doherty (Thomas Cooper) for the defendant; Robert Weir QC (Bridge McFarland) for the claimant.
The "Sahand" - High Court (Quentin Loh J) - 31 January 2011 #
25 May 2011
The plaintiff, a French Bank, arrested the vessels Sahand, Salaban and Tuchal in Singapore. The owners of the vessels (the corporate defendants in the relevant actions) were companies which were wholly owned subsidiaries of the..
Carboex SA v Louis Dreyfus Commodities Suisse SA - QBD (Com Ct)(Field J) - 12 May 2011 #
25 May 2011
Charles Kimmins QC and Socrates Papadopoulos (Thomas Cooper) for the charterers; Siobán Healy QC and Jessica Sutherland (Reed Smith) for the owners.