Lloyd's Maritime Law Newsletter

Arbitration – Delay – Tribunal dismissing claim for want of prosecution – Claimants appealing to High Court – Whether expiry or non-expiry of the limitation period to be assessed at time of the application to dismiss or at time of the decision determining the application – Whether delay within the limitation period can be considered inordinate – Whether tribunal erred in law in dismissing claim

Charterparty – Demurrage – Quantum meruit – Vessel required to call at intermediate port in compliance with Indian customs requirements – Whether owners entitled to demurrage or quantum meruit – Whether charterers entitled to resist demurrage claim on basis of “deficiency of Master” – Whether charterers entitled to damages in respect of damage to cargo during loading

Charterparty – Statement of facts – Master signing statement presented by head charterers’ agents – Master also signing separate statement presented by sub-charterers’ agents – Statements inconsistent in relation to rainfall – Head charterers claiming to have incurred loss and damage resulting from inconsistency – Whether master in breach of charter – Whether master in breach of statutorily implied term to perform services with reasonable care and skill – Whether breach caused head charterers loss and damage