Lloyd's Maritime Law Newsletter

Charterparty - Speed and consumption - Meaning of "good weather conditions" - Reconciliation between "significant wave height" and "Douglas Sea State" - Whether vessel's deck logs or AWT report best evidence of conditions experienced by vessel

Practice - Service of claim form out of jurisdiction - Exclusive jurisdiction agreement - Whether third and fourth defendants were undisclosed principals - Test to be applied for determination of jurisdictional question - Brussels Regulation(Recast), Council Regulation 1215/2012/EU, article 25.

Charterparty– Claim for balance of hire – Charterers counter-claiming damages for breach ofcontract and asserting off-hire claims – Owners applying for immediate paymentof amount indisputably due – Whether charterers precluded from relying on equitableset-off and off-hire claims

Charterparty– Owner ordering newbuilding and chartering out vessel for four years –Charterparty providing for vessel to be delivered to charterers at time ofdelivery to owner – Charterparty also containing provision that charterers were“obligated to take delivery” of vessel as long as owner was “obligated toaccept delivery” under building contract – Interpretation of provision

Charterparty– Owner ordering newbuilding and chartering out vessel for four years –Charterparty entitling charterers to cancel charterparty where owner becameentitled to cancel shipbuilding contract – Charterers giving notice ofcancellation of charterparty – Whether owners had become entitled to cancelshipbuilding contract at time of charterers’ notice – Whether charterersvalidly cancelled charterparty

Practice – Set-off – Freight forwarder claiming sumsdue from principal – Principal admitting claim but setting up cross claim fordamages for breach of contract – Whether freight forwarder’s claims were forfreight – Whether “no set-off” rule applied to principal’s cross claim –Whether freight forwarder entitled to summary judgment

Sale of ship – Clause 9: encumbrance clause – Breach of warranty in encumbrance clause – Indemnity provision – Maritime lien over bunker dispute – Bunker delivery - In rem claim – Duty of seller to assist buyer to contest claim

Charterparty – Bareboat charter – Charterers contractingto maintain vessel and keep her “with unexpired classification of the classindicated in Box 10” – Whether classification obligation absolute or toreinstate expired class certificates within reasonable time – Whetherclassification obligation a condition or innominate term of charter – Whetherowners entitled to withdraw vessel following expiry of class certificate