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Helice Leasing SAS v PT Garuda Indonesia (Persero) TbK – QBD (Comm Ct) (Calver J) [2021] EWHC 99 (Comm) – 20 January 2021
Arbitration – Stay of proceedings – Claimant bringing action to recover unpaid rent under aircraft lease – Defendant admitting claim but refusing to pay – Lease containing arbitration clause giving claimant option to bring “court action” – Whether claimant had unilateral option to litigate in court – Whether a “dispute” existed – Whether court action should be stayed in favour of arbitration – Arbitration Act 1996, section 9
Online Published Date:
12 March 2021
Appeared in issue:
1077 - 12 March 2021
London Arbitration 9/21
Admiralty – Supply of bunkers – Applicable law – Right to maritime lien – Whether liability joint and several – Due date for payment
Online Published Date:
12 March 2021
Appeared in issue:
1077 - 12 March 2021
London Arbitration 7/21
Charterparty – Deadfreight – Owners having option to load between 27,000 and 33,000 mt of coal cargo – Owners exercising option to load 33,000 mt – Maximum draft at loading berth preventing owners from loading full quantity of cargo – Whether charterers liable for deadfreight
Online Published Date:
12 March 2021
Appeared in issue:
1077 - 12 March 2021
London Arbitration 8/21
Demurrage – Charterers failing to pay demurrage invoice – Owners subsequently invoicing charterers for reduced amount – Charterers still failing to pay – Owners bringing arbitration proceedings to recover full amount – Whether owners restricted to recovering reduced sum claimed in second invoice – Whether implied term that reduced amount would be accepted in exchange for prompt payment
Online Published Date:
12 March 2021
Appeared in issue:
1077 - 12 March 2021
The “Lady Magda” – Court of Appeal (Collins, Binchy and Pilkington JJ) [2021] IECA 7– 18 January 2021
Admiralty jurisdiction – Claim by port agents against shipowners for services provided to vessel – Port agents appointed by time charterers – Whether presumption that services were provided for benefit of shipowners – Whether shipowners liable
Online Published Date:
12 March 2021
Appeared in issue:
1077 - 12 March 2021
Nautica Marine Ltd v Trafigura Trading LLC (The “Leonidas”) – QBD (Comm Ct) (Foxton J) [2020] EWHC 1986 (Comm) – 28 July 2020
Charterparty – Consensus ad idem – Preliminary recap setting out terms of fixture “subject to suppliers’ approval” – Whether “subject” was pre-condition or performance condition – Whether parties concluded fixture – Whether owners entitled to damages for breach of charter
Online Published Date:
12 March 2021
Appeared in issue:
1077 - 12 March 2021
The “Caraka Jaya Niaga III-11” – High Ct (S Mohan JC) [2021] SGHC 43 – 22 February 2021
Admiralty – Collision action – Plaintiffs bringing claim against defendant vessel – Defendant bringing cross-claim against plaintiffs’ vessel – Defendant’s claim time-barred – Parties agreeing to apportion liability 40 per cent to plaintiffs and 60 per cent to defendant – Whether defendant entitled to rely on single liability principle in diminution of plaintiffs’ claim
Online Published Date:
26 March 2021
Appeared in issue:
1078 - 26 March 2021
London Arbitration 10/21
Arbitration – Jurisdiction – Respondent objecting to jurisdiction on basis that it was a Russian company in liquidation – Whether tribunal had jurisdiction
Online Published Date:
26 March 2021
Appeared in issue:
1078 - 26 March 2021
Taxidiotiki-Touristiki-Nautiliaki Ltd (trading as Aspida Travel) v The Owners and/or Demise Charterers of the Vessel “Columbus” – QBD (Admlty Ct) (Mr Admiralty Registrar Davison) [2021] EWHC 310 (Admlty) – 18 February 2021
Admiralty jurisdiction – Travel agency making claims against proceeds of sale of vessels – Whether court had in rem jurisdiction – Whether travel agency entitled to default judgment
Online Published Date:
26 March 2021
Appeared in issue:
1078 - 26 March 2021
Specialised Vessel Services Ltd v MOP Marine Nigeria Ltd (The “SVS Cochrane”) – QBD (Comm Ct) (Calver J) [2021] EWHC 333 (Comm) – 18 February 2021
Practice – Anti-suit injunction – Shipowners applying for anti-suit injunction restraining continuance of Nigerian proceedings brought by charterers in breach of London arbitration clause in charterparty – Whether injunction should be refused on grounds of delay
Online Published Date:
26 March 2021
Appeared in issue:
1078 - 26 March 2021
London Arbitration 11/21
Contract – Claim for price of bunkers – Bunkers supplied to various vessels at request of management company – Whether requests made on behalf of shipowner – Whether shipowner liable for price of bunkers
Online Published Date:
26 March 2021
Appeared in issue:
1078 - 26 March 2021