Lloyd's Maritime Law Newsletter

Limitation of liability – Dumb barge alleged to have damaged undersea cable – Whether company operating machinery of barge was “operator” of the barge – Whether company entitled to limit liability under Limitation Convention 1976

Arbitration – Jurisdiction – State immunity – Whether Kingdom of Spain immune from arbitration claims on ground of state immunity – Whether court lacked jurisdiction to appoint an arbitrator – State Immunity Act 1978 – Arbitration Act 1996, section 18

Guarantee – Shipbuilding contract – Builder claiming final instalment of price – Dispute as to whether buyer liable to pay final instalment – Builder claiming final instalment from guarantor on basis that guarantee was a demand guarantee – Whether guarantee a demand guarantee or a see to it guarantee – Whether guarantor’s liability dependent upon time of commencement of arbitration relating to underlying dispute

Agency – Intermediate brokers negotiating charterparties – Scope of duty owed by brokers to principals – Whether rate of hire inflated by secret commissions – Whether commission agreements enforceable

Arbitration – Application for extension of time to commence arbitration – Claimant bank alleging misdelivery of cargo without production of bills of lading – Bills of lading incorporating one-year Hague Rules time bar – Claimant commencing timeous arbitration against registered owners – Claimant’s lawyers subsequently ascertaining that carrier was not registered owner but was a demise charterer – Whether claimant entitled to extension of time to bring arbitration against demise charterer – Arbitration Act 1996, section 12(3)(a) and (b)

Contract – Shipbuilding contract – Buyer cancelling contracts on ground of excessive delay by shipbuilder in delivering two of a series of 14 vessels – Seller not operating any contractual machinery for extending delivery dates – Seller contending that delay was caused by buyer’s wrongful rejection of earlier vessels – Whether seller entitled to extend delivery dates – Whether “prevention principle” applied

Arbitration – Application for extension of time to commence arbitration – Bill of lading holder bringing arbitration against wrong party because unaware of existence of bareboat charter – Whether court had jurisdiction to extend time to bring arbitration against bareboat charterer – Whether extension should be granted

Admiralty Practice – Plaintiffs bringing admiralty suits in rem against various vessels – Owning companies subsequently wound up by order of court or subject to insolvency moratorium – Whether admiralty plaintiffs required leave of court to continue proceedings – Effect of moratorium

Conflict of laws – Jurisdiction – State immunity – P&I Club bringing actions against Spain and France to enforce arbitration awards and English judgments – Whether states entitled to immunity – Whether court had jurisdiction

Practice – Anti-suit injunction – Defendant bringing court proceedings against plaintiff in Sharjah for breach of contract notwithstanding that contract contained Singapore arbitration clause – Plaintiff claiming to be assignee of relevant contract – Whether plaintiff entitled to anti-suit injunction