Lloyd's Maritime Law Newsletter

Admiralty practice – Arrest – Party seeking issue of arrest warrant not disclosing existence of proceedings in another jurisdiction – Whether duty to disclose – Whether arrest should be set aside – Whether proceedings should be stayed on ground of inappropriate forum

Tort – Bunkers – Conversion – String of time charters on Asbatime NYPE 1981 form – Charterers to “take over” bunkers on delivery – Shipowners refusing sub-charterers’ demand for redelivery of bunkers – Whether shipowners converted bunkers – Whether sub-charterers had title to sue shipowners for conversion – Whether shipowners liable for tort of inducing breach of contract – Lex loci delicti

Practice – Conflict of laws – Service out of jurisdiction – Whether claim for anti-suit injunction “in respect of” contract governed by English law – Whether England appropriate forum for negative declaration claims

Arbitration – Additional award – Whether tribunal had power to make additional award in respect of accrued interest on refund guarantee – Whether claim for accrued interest “presented to” tribunal – Whether claim “dealt with” in original award – Arbitration Act 1996, section 57(3)(b)

Charterparty – NYPE form – Addendum – Charterers agreeing to pay specified sum to owners for early redelivery – Redelivery delayed due to engine breakdown – Whether owners precluded from recovering specified sum by reason of prior cancellation by charterers – Whether owners had complied with conditions for recovery of specified sum – Whether sums due to charterers for breach of charter and/or off-hire.

Sale of goods - Contract for sale of groundnut oil cif Genoa - Senegal Government issuing export ban - Sellers notifying buyers of export ban - FOSFA Prohibition Clause - Whether sellers entitled to nominal damages only - FOSFA Default Clause - FOSFA 201

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 – GAFTA 49