Lloyd's Maritime Law Newsletter

Practice – Disclosure – Appeal from order of master registering foreign judgment – Whether appeal court had jurisdiction to order disclosure – Whether disclosure should be ordered

Arbitration – Jurisdiction – Sub-charter evidenced by fixture recap incorporating terms of head charterparty – Disponent owner not identified in recap – Arbitration commenced by assignee of head charterer claiming payment of hire against sub-charterer – Whether valid arbitration agreement – Sub-charterer disputing identity of disponent owner – Whether arbitration tribunal lacked jurisdiction

Carriage of goods by sea – Master invited to sign bill of lading stating cargo shipped in apparent good order and condition – Cargo found to be damaged on discharge – Chinese courts holding shipowner liable to receivers – Head charterers settling with shipowner – Head charterers claiming indemnity from sub-charterers – Whether misrepresentation by master – Whether sub-charterers liable to indemnify head charterers

Charterparty – Indemnity – Owners claiming indemnity from charterers on basis that bills of lading imposed more onerous liability than those imposed in charterparty – Claim made under express clause in charterparty – Whether claim time-barred – Date on which cause of action arose