Lloyd's Maritime Law Newsletter

Charterparty – Cargo claim – Receivers bringing claim against charterers for diminution in value of cargo due to vessel’s delay – Charterers settling with receivers and making deduction from hire – Whether charterers entitled to make deduction from hire – Addendum to charterparty making charterers fully liable for all cargo claims howsoever caused – Whether “cargo claims” included claims for diminution in value resulting from delay

Charterparty – Hire – Non-payment – Whether charterers could set off certain claims against hire

Carriage of goods by sea – Freight – Fraudulent broker inducing innocent shipowner and an innocent third party to conclude head and sub-charters respectively – Bill of lading incorporating “charterparty” terms including arbitration clause – Sub-charterer paying full freight to bank specified by fraudster – Fraudster paying part over to shipowner and retaining balance – Shipowner bringing arbitration proceedings against sub-charterer claiming balance of freight – Whether sub-charterers liableArbitration – Jurisdiction – Charterparty providing for arbitration in Singapore with English law to apply – Whether English procedural law applied to arbitration – Whether sole arbitrator validly appointed by shipowner under English Arbitration Act 1996 – Whether sub-charterer waived objection to jurisdiction

Conflict of laws – Forum non conveniens – Collision at sea within exclusive economic zone of PRC – Plaintiff bringing proceedings against defendant in Shanghai Maritime Court and also in Hong Kong – Defendant applying for stay of Hong Kong proceedings on grounds of forum non conveniens and lis alibi pendens – Whether Hong Kong proceedings should be stayed in favour of Shanghai Maritime Court

Conflict of laws - Exclusive jurisdiction clause - Test of "good arguable case" - Whether merits relevant in deciding whether proceedings should be stayed

Admiralty jurisdiction – Whether plaintiff was owner of arrested vessel at time proceedings commenced – Effect of trust arrangements made under Korean law – Admiralty Act 1988 (Cth), section 19

Carriage of goods by sea – Dangerous goods – Explosion and fire on board vessel carrying divinylbenzene – Cargo claims brought against numerous parties – Whether strict liability – Whether liability in negligence and breach of contract