Lloyd's Maritime Law Newsletter

Company law – Winding up – Charterers asserting right to wind up shipowning company for failure to pay charterparty freight – Whether shipowners entitled to declaration and injunction restraining charterers from presenting winding-up application

Practice – Judgment – Recognition – Carriage of goods – Exclusive Iceland jurisdiction clause in bill of lading – Whether courts of one member state bound to recognise judgment of another member state determining that clause conferred exclusive jurisdiction on non-member state – Whether relevant that judgment was procedural in nature – Council Regulation (EC) No 44/2001, articles 32 and 33

Carriage of goods by sea – Cargo damaged by improper stowage – US COGSA – Hague-Visby Rules – Whether vessel a COGSA “carrier” – Whether owners entitled to rely on “free-in-and-out” provision in voyage charterparty

Carriage of goods by sea – Cargo damage – Deterioration in cargo following delay caused by engine breakdown – Whether vessel unseaworthy at commencement of voyage – Whether shipowners failed to exercise due diligence – Whether breach of obligation to proceed with all convenient speed – Quantum of damages