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London Arbitration 1/16
Contract
– Lay-up facility – Respondent’s vessels laid up at claimant’s facility –
Respondent failing to pay lay-up fees and other costs – Claimant terminating
agreement – Respondent failing to remove vessels from facility as required by
agreement – Quantum of fees and costs payable to claimant – Meaning of
expression “costs and expenses” – Whether respondent entitled to damages for
breach of London arbitration agreement – Whether order should be made for
removal of vessels from facility
Online Published Date:
11 January 2016
Appeared in issue:
942 - 11 January 2016
Fulton Shipping Inc of Panama v Globalia Business Travel SAU (The “New Flamenco”) – Court of Appeal (Longmore, Christopher Clarke and Sales LJJ) [2015] EWCA Civ 1299 – 21 December 2015
Charterparty
– Anticipatory breach – Damages – Time-charterers redelivering vessel early –
Whether owners bound to give credit for value of vessel sold on repudiation for
greater sum than value of vessel at contractual date of redelivery
Online Published Date:
11 January 2016
Appeared in issue:
942 - 11 January 2016
The “Vinalines Pioneer” – High Court of Singapore (Belinda Ang Saw Ean J) [2015] SGHC 278 – 26 October 2015
Admiralty
jurisdiction – Meaning of “damage done by a ship” – Plaintiff claiming for loss
of containers onboard capsized vessel – Whether court had in rem jurisdiction
Online Published Date:
21 January 2016
Appeared in issue:
943 - 22 January 2016
The "Nordlake" v The "Seaeagle" - QBD (Admlty Ct) (Teare J, sitting with Commodore David Squire and Captain Stephen Gobbi as Nautical Assessors) [2015] EWHC 3605 (Admlty) - 18 December 2015
Collision action - Claimants' container vessel colliding with Indian warship in entrance to port of Mumbai - Claimants bringing proceedings in England against another container vessel contending that collision caused by negligence of defendant vessel and three Indian warships - Union of India not party to English proceedings - Whether court could apportion liability between all vessels at fault
Online Published Date:
21 January 2016
Appeared in issue:
943 - 22 January 2016
Ramburs Inc v Agrifert SA - QBD (Comm Ct) (Andrew Smith J [2015] EWHC 3548 (Comm) - 4 December 2015
Saleof goods - Sale of maize fob - Buyers having express right to nominate substitute vessel - Buyers nominating substitute vessel but giving less than required notice - Whether nomination valid - Whether buyers in repudiatory breach of contract
Online Published Date:
21 January 2016
Appeared in issue:
943 - 22 January 2016
Five Ocean Corporation v Cingler Ship Pte Ltd – High Court of Singapore (Belinda Ang Saw Ean J) [2015] SGHC 311 – 4 December 2015
Arbitration
– Interlocutory order – Whether court should order sale of cargo of steam coal
in aid of arbitration
Online Published Date:
21 January 2016
Appeared in issue:
943 - 22 January 2016