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London Arbitration 10/15
Charterparty
– Owners bringing arbitration proceedings against charterers – Owners claiming indemnity
in relation to losses incurred in defending third-party cargo claim in Belgian
courts – Owners and charterers concluding settlement agreement – Whether owners
entitled to recover indemnity in respect of legal costs incurred in Belgian proceedings
– Whether owners entitled to recover 50 per cent of legal costs under Inter-Club
Agreement
Online Published Date:
10 July 2015
Appeared in issue:
929 - 10 July 2015
Bunge SA v Nidera BV – Supreme Court (Lord Neuberger PSC, Lord Mance, Lord Clarke, Lord Sumption and Lord Toulson JJSC) [2015] UKSC 43 – 1 July 2015
Sale
of goods – Contract for sale of milling wheat fob Novorossiysk – Russian government
issuing export ban – Whether sellers entitled to cancel contract – Whether
cancellation constituted wrongful repudiation of contract – GAFTA Prohibition
Clause – Whether sellers entitled to nominal damages only – GAFTA Default
Clause
Online Published Date:
10 July 2015
Appeared in issue:
929 - 10 July 2015
Hellenic Petroleum Cyprus Ltd v Premier Maritime Ltd – QBD (Comm Ct) (Flaux J) [2015] EWHC 1894 (Comm) – 1 July 2015
Arbitration
– Jurisdiction – Whether arbitrator had substantive jurisdiction – Whether
parties agreed terms of time charter including London arbitration clause
Online Published Date:
10 July 2015
Appeared in issue:
929 - 10 July 2015
Société de Distribution de Toutes Merchandises en Cote-D’Ivoire and Others v Continental Lines NV and Another (The “Sea Miror”) – QBD (Comm Ct) (Flaux J) [2015] EWHC 1747 (Comm) – 18 June 2015
Charterparty
– Synacomex 90 form – Contracts of carriage of bags of rice incorporating
Synacomex 90 charterparty – Claimant cargo interests alleging cargo damage and
short delivery – Whether incorporated charterparty transferred responsibility
for loading and stowage from carrier to charterers/cargo interests
Online Published Date:
10 July 2015
Appeared in issue:
929 - 10 July 2015
London Arbitration 11/15
Arbitration
– Jurisdiction – Owners concluding charterparty with non-existent company as
charterers – Charterparty containing London arbitration clause – Owners
asserting arbitration claim for demurrage against chartering brokers – Whether
brokers party to charterparty – Whether brokers purporting to act on behalf of
charterers – Whether arbitration tribunal had substantive jurisdiction –
Whether brokers negligent
Online Published Date:
23 July 2015
Appeared in issue:
930 - 24 July 2015
London Arbitration 12/15
Demurrage
– Intermediate engagement – Charterers agreeing to amendment of laycan dates – Vessel
delayed at discharge port – Whether charterers liable for demurrage – Whether
owners failed to prosecute voyage with all reasonable despatch
Online Published Date:
23 July 2015
Appeared in issue:
930 - 24 July 2015
South West Strategic Health Authority v Bay Island Voyages – Court of Appeal (Laws, Tomlinson and Kitchin LJJ) [2015] EWCA Civ 708 – 14 July 2015
Practice
– Contribution claim – Defendant employer claiming contribution from sea carrier
in respect of liability to passenger for personal injuries – Athens Convention
1974 – Whether Convention extended to contribution claims against carrier –
Whether Convention time bar “extinguished” relevant right
Online Published Date:
23 July 2015
Appeared in issue:
930 - 24 July 2015