Lloyd's Maritime Law Newsletter

Charterparty – Bribery – Shipowners seeking to enforce charterparty obligations against guarantor – Guarantor alleging charterparty procured by bribery – Guarantor relying on confession evidence – Shipowners alleging confession obtained by torture – Whether charterparty enforceable

Admiralty practice – Arrest of vessel by mortgagee – Shipowner applying for order releasing vessel from arrest unless mortgagee provided cross-undertaking in damages – Whether cross-undertaking should be imposed as condition of release

Arbitration – Jurisdiction – Whether holder of bill of lading bound to submit to arbitration of demurrage dispute notwithstanding it had not exercised rights of suit

Charterparty – Interclub NYPE Agreement 2011 – Charterparty providing that liability for cargo claims should be apportioned as specified by Interclub NYPE Agreement – Cargo receivers bringing claim against owners – Owners providing security to prevent arrest of vessel – Whether charterers required to provide counter-security

Admiralty – Collision action – Plaintiffs' and defendant's vessels involved in related collisions with anchored vessel off Singapore – Collisions would not have occurred but for prior negligence of defendant's vessel in dragging anchor – Whether "but for" test appropriate – Whether "agony of the moment" defence available to plaintiffs' vessel – Whether defendant's vessel "at anchor" notwithstanding that she was being involuntary towed – Apportionment of liability

Demurrage – Time bar – Claim documents sent to brokers – Whether brokers acting as agents for charterers – Whether brokers were intermediate brokers – Whether demurrage claims time-barred – Whether delay consequential upon vessel's engine problems counted as laytime

Contract – Letter of indemnity – Cargo delivered without production of bill of lading against LOI – Shipowner bringing claim under LOI – Clause 38 of voyage charter providing that period of validity of any letter of indemnity to be three months from date of issue – Whether clause 38 incorporated into LOI – Whether shipowners’ claim under LOI time-barred

Sale of goods – Contract for sale of gasoil CIF Constanza – Payment to be made against shipping documents or letter of indemnity – Letter of indemnity signed by seller and by seller’s bank – Buyer paying price but receiving no product – Buyer suing seller and seller’s bank – Whether contract in fact on CIF terms – Whether seller entitled to damages – Measure of damages – Whether seller’s bank entitled to indemnity or contribution from seller

Arbitration – Delay – Whether arbitration tribunal entitled to strike out proceedings for inordinate and inexcusable delay – Serious irregularity – Whether tribunal guilty of apparent bias