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London Arbitration 10/17
Contract
– Sale of ship – Barge construction agreement – Seller terminating agreement
for non-payment of “Advance Payment” – Whether obligation to make “Advance
Payment” was a condition of the contract or an instalment of the price –
Whether buyer in material default – Whether termination premature – Whether
seller validly terminated contract
Online Published Date:
03 March 2017
Appeared in issue:
972 - 03 March 2017
Mena Energy DMCC v Hascol Petroleum Ltd – QBD (Comm Ct) (Males J) [2017] EWHC 262 (Comm) – 16 February 2017
Sale
of goods – Contract for sale of high-sulphur fuel oil – Cargo rejected by
discharge port authorities – Whether compromise agreement concluded – Whether
seller in breach of contract – Whether buyer in breach for failing to open
letter of credit
Online Published Date:
03 March 2017
Appeared in issue:
972 - 03 March 2017
London Arbitration 9/17
Demurrage
– Gencon General Strike Clause – Whether time ran during period of strike
Online Published Date:
03 March 2017
Appeared in issue:
972 - 03 March 2017
London Arbitration 11/17
Charterparty
– Disbursements – Vessel ordered to discharge in Yemen – Owners claiming
additional war risk and loss of hire premiums – Armed guards expenses – Crew
Bonus – Whether expenses recoverable
Online Published Date:
17 March 2017
Appeared in issue:
973 - 17 March 2017
Aline Tramp SA v Jordan International Insurance Co (The “Flag Evi”) – QBD (Comm Ct) (Sarah Cockerill QC, sitting as a Deputy Judge) [2016] EWHC 1317 (Comm) – 3 June 2016
Practice – Anti-suit injunction – Cargo
interests bringing foreign proceedings against shipowners and P&I Club in
breach of London arbitration clause in bills of lading – Foreign court likely
to give effect to Hamburg Rules so as to confer jurisdiction – Whether good
reason not to grant injunction – Whether P&I Club entitled to injunction on
basis of English jurisdiction clause in Club’s letter of undertaking – Whether
foreign proceedings vexatious and oppressive
Online Published Date:
17 March 2017
Appeared in issue:
973 - 17 March 2017
Clearlake Shipping Pte Ltd v OW Bunker (Switzerland) SA and Others– US District Ct (SDNY) (Caproni DJ) – 9 January 2017
Admiralty
jurisdiction – Supply of bunkers – Collapse of OW Bunker Group – Interpleader
proceedings – Whether physical suppliers of bunkers had maritime lien – Whether
OW entities had maritime lien – Summary judgment
Online Published Date:
17 March 2017
Appeared in issue:
973 - 17 March 2017
De Wolf Maritime Safety BV v Traffic-Tech International Inc (The “Cap Jackson”) – Federal Ct (St Louis J) 2017 FC 23 – 11 January 2017
Carriage
of goods by sea – Limitation of liability – Deck cargo – Cargo carried on deck
in breach of contract of carriage – Whether carrier entitled to limit liability
for loss or damage to that cargo pursuant to article IV, rule 5(a) of
Hague-Visby Rules
Online Published Date:
17 March 2017
Appeared in issue:
973 - 17 March 2017
Martin Energy Services LLC v M/V Bravante IX and Others – US District Ct (ND Florida) (Robert L Hinkle DJ) – 26 January 2017
Practice
– Interpleader – Supply of bunkers – Collapse of OW Bunker Group – Distribution
of monies paid into court by shipowners – Whether physical supplier had valid contractual
claim or quantum meruit – Whether physical supplier had maritime lien –
Equitable principles
Online Published Date:
30 March 2017
Appeared in issue:
974 - 31 March 2017
Nautical Challenge Ltd v Evergreen Marine (UK) Ltd (The “Alexandra 1” and The “Ever Smart”) – QBD (Admlty Ct) (Teare J, sitting with Nautical Assessors) [2017] EWHC 453 (Admlty) – 13 March 2017
Collision
action – Crossing rule – Whether applicable to vessel navigating towards narrow
channel – Apportionment of liability
Online Published Date:
30 March 2017
Appeared in issue:
974 - 31 March 2017
London Arbitration 12/17
Jurisdiction
– Conflict between “Law and Arbitration” clause and exclusive jurisdiction
clause contained in “Applicable Law” clause – Whether tribunal had jurisdiction
– Whether dispute subject to London
arbitration or foreign court jurisdiction
Online Published Date:
30 March 2017
Appeared in issue:
974 - 31 March 2017
Teekay Tankers Ltd v STX Offshore & Shipbuilding Co Ltd (No 2) – QBD (Comm Ct) (Walker J) [2017] EWHC 253 (Comm) – 15 February 2017
Contract
– Shipbuilding contract – Option to purchase additional vessels with delivery
dates to “be mutually agreed” – Whether option agreement void for uncertainty –
Whether seller estopped from raising matters determined in earlier arbitration
– Whether buyer in breach of confidence in raising matters referred to in
earlier arbitration
Online Published Date:
30 March 2017
Appeared in issue:
974 - 31 March 2017