Lloyd's Maritime Law Newsletter

Practice – Appeal – Commercial Court allowing charterers’ appeal from arbitration award on question of law – Commercial Court refusing to grant owners leave to appeal to Court of Appeal – Whether Court of Appeal has jurisdiction to grant permission to appeal

Charterparty – Vessel failing pre-loading inspection – Claim for off hire and damages

Charterparty – Repudiation of time charter by charterers – Measure of damages – No available market at time of termination – Whether necessary to serve demand on guarantor

Practice – Claim form – Service out of the jurisdiction – Claimant charterers bringing proceedings to enforce London arbitration award and for declarations as to identity of contracting shipowners and for injunction restraining arbitration proceedings in Singapore – Whether English court rather than Singapore arbitration tribunal should determine issue of arbitrability – Whether permission should be granted to serve claim form out of jurisdiction

Arbitration – Jurisdiction – Shipowners bringing arbitration proceedings against guarantor of time charterers’ obligations – Guarantee assumed to be unenforceable under English law on public policy grounds – Whether London arbitration clause in guarantee also unenforceable – Whether arbitrators had substantive jurisdiction