- Home/Publications/Lloyd's Maritime Law Newsletter
Dampskibsselskabet Nordon A/S v Gladstone Civil Pty Ltd (formerly Beach Building & Civil Group Pty Ltd) (Administrator Appointed) – Federal Court of Australia – Full Court (Mansfield, Rares and Buchanan JJ) [2013] FCAFC 107 – 18 September 2013
Arbitration – Award – Enforcement – Arbitration
conducted in London pursuant to London arbitration clause in voyage
charterparty relating to carriage of goods from Australia – Whether London
arbitration clause invalid and of no effect – Whether charterparty a “sea
carriage document” within meaning of COGSA 1991 section 11
Online Published Date:
01 October 2013
Appeared in issue:
883 - 04 October 2013
Catlin (Syndicate 2003) At Lloyd’s v San Juan Towing & Marine Services Inc – US District Court (District of Puerto Rico) (Besosa DJ) – 13 May 2013
Admiralty
jurisdiction – Insurance policy – Insurers of floating drydock bringing
proceedings against insured – Whether court had admiralty jurisdiction
Online Published Date:
01 October 2013
Appeared in issue:
883 - 04 October 2013
The Owners of the Ship “Theresa Libra” v The Owners of the Ship “MSC Pamela” – QBD (Admlty Ct) (Teare J) [2013] EWHC 2792 (Admlty) – 19 September 2013
Collision
action – Settlement agreement between owners of colliding vessels apportioning
liability for collision – Claimant shipowners bringing proceedings against
defendant shipowners more than two years after collision – Whether action
time-barred – Whether claimants entitled to add demise charterers as defendant
Online Published Date:
01 October 2013
Appeared in issue:
883 - 04 October 2013
Cosmotrade SA v Kairos Shipping Ltd and Others (The “Atlantic Confidence”) – QBD (Comm Ct) (Simon J) [2013] EWHC 1904 (Comm) – 21 June 2013
Limitation
– Whether limitation fund can be constituted by provision of P&I Club
guarantee
Online Published Date:
01 October 2013
Appeared in issue:
883 - 04 October 2013
The London Steam Ship Owners Mutual Insurance Association Ltd v The Kingdom of Spain (The “Prestige”) – QBD (Comm Ct) (Walker J) [2013] EWHC 2840 (Comm) – 20 September 2013
Arbitration
– Award – Enforcement – Objection to jurisdiction of arbitrator – Objector not
participating in arbitral proceedings – Successful party seeking to enforce
award – Objecting party out of time for challenging jurisdiction under section
67 Arbitration Act 1996 – Delay in filing evidence in opposition to enforcement
application – Whether extension of time should be granted to enable objector to
resist enforcement
Online Published Date:
16 October 2013
Appeared in issue:
884 - 18 October 2013
PT Jawamanis Rafinasi and Another v Coastal Cargo Co Inc – US Court of Appeals (5th Circuit) (DeMoss, Dennis and Prado Ct JJ) – 24 July 2013
Carriage
of goods by sea – Package limitation – Plaintiffs’ boiler negligently damaged
by stevedore on dockside before being loaded on to carrying vessel – Whether
stevedore entitled to limit liability under COGSA – Whether stevedore “agent”
of carrier
Online Published Date:
16 October 2013
Appeared in issue:
884 - 18 October 2013
Proton Energy Group SA v Orlen Lietuva – QBD (Comm Ct) (HHJ Mackie QC, sitting as a Judge of the High Court) [2013] EWHC 2872 (Comm) – 24 September 2013
Contract
– Sale of goods cif – Negotiations for sale and purchase of quantity of crude
oil mix – Whether binding contract concluded – Whether buyers in repudiatory
breach – Whether sellers suffered loss – Whether buyers would have been
entitled to reject goods for misdescription
Online Published Date:
16 October 2013
Appeared in issue:
884 - 18 October 2013
Clevo Co v Hecny Transportation Inc – US Court of Appeals (9th Circuit) (Alfred T Goodwin and William A Fletcher Ct JJ and Edward R Korman SDJ) – 26 April 2013
Carriage
of goods by sea – Limitation of liability – Seller bringing claim for
misdelivery of goods against freight forwarder acting as agent of carrier –
Whether claim time-barred – Whether defendant entitled to benefit of Himalaya
clause in bill of lading
Online Published Date:
16 October 2013
Appeared in issue:
884 - 18 October 2013
Primera Maritime (Hellas) Ltd and Others v Jiangsu Eastern Heavy Industry Co Ltd and Another – QBD (Comm Ct) (Flaux J) [2013] EWHC 3066 (Comm) – 15 October 2013
Arbitration
– Award – Serious irregularity – Claimant buyers contending that sellers had
renounced shipbuilding contracts – Arbitrators dismissing claim on basis that
buyers affirmed contract – Buyers challenging award on basis that arbitrators
failed to deal with issues that had been put to them
Online Published Date:
29 October 2013
Appeared in issue:
885 - 01 November 2013
TMM Division Maritima SA de CV v Pacific Richfield Marine Pte Ltd – High Ct (Chan Seng Onn J) [2013] SGHC 186 – 23 September 2013
Arbitration
– Award – Whether award should be set aside for breach of natural justice or
excess of jurisdiction – Dispute arising out of sale of ships and purported
repudiatory breach by seller
Online Published Date:
29 October 2013
Appeared in issue:
885 - 01 November 2013
Minerva Navigation Inc v Oceana Shipping AG (The “Athena”) – Court of Appeal (Tomlinson, Lewison and Underhill LJJ) [2013] EWCA Civ 1723 – 23 October 2013
Charterparty
– Off-hire – Clause 15 of NYPE form – Whether vessel off-hire during period of
drifting – Whether charterers suffered net loss of time
Online Published Date:
29 October 2013
Appeared in issue:
885 - 01 November 2013
Flame SA v Glory Wealth Shipping Pte Ltd (The “Glory Wealth”) – QBD (Comm Ct) (Teare J) [2013] EWHC 3153 (Comm) – 22 October 2013
Charterparty
– Damages – Disponent owners accepting charterers’ repudiatory breaches –
Whether disponent owners required to prove they could have performed
obligations had there been no repudiation in order to recover substantial
damages – Construction of contract – Arbitration – Award – Serious irregularity
Online Published Date:
29 October 2013
Appeared in issue:
885 - 01 November 2013