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London Arbitration 13/21

Online Published Date : 10 May 2021 | Appeared in issue: 1081 - 10 May 2021

Charterparty – Consequential damages – Time charter excluding liability for “consequential damages” – Owners claiming hire and other sums due under charter – Charterers counterclaiming damages for alleged repudiatory breach on part of owners – Whether charterers’ counterclaim debarred on basis that loss asserted was “consequential damages”

London Arbitration 14/21

Online Published Date : 10 May 2021 | Appeared in issue: 1081 - 10 May 2021

Charterparty – Delay at discharge port – Charterers holding ship off berth – Whether owners entitled to quantum meruit for extra-contractual service – Whether owners entitled to cost of bunkers consumed during delay – Tribunal indicating that owners entitled to demurrage only – Procedure – LMAA Small Claims Procedure – Neither party arguing alternative case in demurrage before tribunal – Whether tribunal should proceed to award in absence of parties arguing alternative case in demurrage

Regal Seas Maritime SA v Oldendorff Carriers GmbH & Co KG (The “New Hydra”) – QBD (Comm Ct) (Sir Nigel Teare, sitting as a High Court Judge) [2021] EWHC 566 (Comm) – 11 March 2021

Online Published Date : 10 May 2021 | Appeared in issue: 1081 - 10 May 2021

Charterparty – Hire – Hire to be calculated by reference to Baltic Capesize Index “plus 4% for size adjustment” – Baltic Exchange changing size of benchmark vessel during course of charter – Whether implied term that percentage size adjustment should be revised so as to become a reasonable percentage size adjustment

CVLC Three Carrier Corporation and Another v Arab Maritime Petroleum Transport Co (The “Anbar” and The “Hillah”) – QBD (Comm Ct) (Cockerill J) [2021] EWHC 551 (Comm) – 11 March 2021

Online Published Date : 10 May 2021 | Appeared in issue: 1081 - 10 May 2021

Contract – Guarantee – Third party guaranteeing charterer’s obligations under charterparty as primary obligor – Guarantee expressed to be in consideration of owners entering into charterparty – Owners bringing arbitration proceedings against guarantor based on alleged breaches by charterers – Owners applying to foreign court for arrest of vessel owned by guarantor as security for claim under guarantee – Whether implied term of guarantee that owners would not seek security over and above that provided by the contracts of guarantee and indemnity