Lloyd's Maritime Law Newsletter

Arbitration – Anti-suit injunction – Application to foreign court for security – Whether application would be determinative of dispute – Senior Courts Act 1981, section 37

Charterparty – Shipper also charterer – Bill of lading – Novation of charterparty – Cargo discharged without production of bill of lading – Whether bill of lading governed relationship with shipper after novation – Claim by bank for misdelivery – Causation

Charterparty – Uplift Clause permitting increase in hire rate if agreed amount of additional fuel supplied – Whether Uplift Clause triggered by supply of lesser amount within “abt” margin – Correction of errors – Rectification – Variation

Marine insurance – Mortgagees’ Interest Insurance (MMI) Policy – Vessel detained in Venezuela on suspicion of smuggling oil – Claim under War Risks Policy rejected – Whether MMI insurers were liable – Whether detention excluded from War Risks Policy – Whether vessel was a constructive total loss – Marine Insurance Act 1906, section 60 – Effect on MMI Policy of excluded loss under War Risks Policy

Shipping – Admiralty – Collision – Effect of collision– Jurisdiction agreement – Whether offer of reasonable security in lieu of arrest had to be accepted

Charterparty – Jurisdiction – Separate Operational Agreement between charterer and owner’s parent company – Claims by owner for hire and other sums – Whether owner’s claims arose under charterparty or Operational Agreement

Arbitration – Defence submissions – Failure to cooperate

Collision at sea – Collision between speedboat and jet ski – Claim for damages – Contribution and contributory negligence – International Regulations for Preventing Collisions at Sea 1972

Bills of lading – Cargo delivered to buyer without production of bills of lading – Buyer becoming insolvent and defaulting on credit facilities provided by Bank – Bills of lading later acquired by buyer and endorsed to Bank – Whether Bank could claim against carrier under bills of lading for misdelivery – Good faith – Whether bills of lading spent – Whether Bank consented