Lloyd's Maritime Law Newsletter

Arbitration – Jurisdiction – Fixture recap setting out detailed provisions and “otherwise as clean Gencon 94 charterparty to be amended/altered as per above main terms agreed” – Whether law and arbitration clause in Gencon 94 form was an “above main term” agreed – Whether charterparty incorporated law and arbitration provision of Gencon 94 form

Practice – Mandatory injunction – Letter of indemnity – Cargo discharged without production of bills of lading – Bank arresting vessel – Disponent owners applying for mandatory injunction compelling defendant to provide security to enable release of vessel – Whether defendant liable on indemnity – Whether indemnity applied in circumstances of case – Whether sufficient urgency – Whether mandatory injunction should be granted

Practice – Injunction to preserve assets in support of arbitration proceedings – Claimant and defendant each asserting debt as against third party – Third-party debtor willing to pay to whomever it was obliged to pay – Defendant refusing to agree to debt being paid into joint account on appropriate terms – Claimant obtaining ex parte injunction restraining defendant from taking steps to recover debt from third party – Whether injunction should be discharged – Arbitration Act 1996, section 44(3)

Admiralty practice – Whether order for sale of yacht should be set aside

Admiralty jurisdiction – Claim by ship’s agent against demise charterer for disbursements made to vessel on orders of time charterer – Whether maritime claim established – Whether court had in rem jurisdiction

Practice – Mandatory injunction – Letter of indemnity – Cargo discharged without production of bills of lading – Bank arresting vessel – Disponent owners applying for mandatory injunction compelling voyage sub-charterers to provide security to enable release of vessel – Whether voyage sub-charterers liable on indemnity – Whether mandatory injunction should be granted

Joint venture – Fiduciary duty – Joint venture agreement to operate business offering luxury cruises on Sydney Harbour – Demise charter of vessel for purpose of joint venture – Whether appellant in breach of joint venture agreement – Whether joint venture agreement validly terminated – Whether charterparty validly terminated