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Taurus Petroleum Ltd v State Oil Company of the Ministry of Oil, Republic of Iraq - Court of Appeal (Moore-Bick, Sullivan and Briggs LJJ) [2015] EWCA Civ 835 - 28 July 2015
Conflictof laws - Third Party Debt Order - Situs of debt due under letter of credit - State immunity - Whether debt created by letter of credit became property of Iraqi state bank - Whether court entitled to make receivership order in respect of debt
Online Published Date:
01 October 2015
Appeared in issue:
935 - 02 October 2015
Freight Connect (S) Pte Ltd v Paragon Shipping Pte Ltd - Court of Appeal (Sundaresh Menon CJ, Chao Hick Tin JA and Chan Sek Keong SJ) [2015] SGCA 37 - 31 July 2015
Charterparty - Berth or port charter - Whether vessel an "arrived ship" - Whether notice of readiness validly tendered - Whether owners entitled to detention charges - Whether owners entitled to indemnity in respect of claims brought by third party
Online Published Date:
01 October 2015
Appeared in issue:
935 - 02 October 2015
Reiter Petroleum Inc v The Ship “Sam Hawk” – Federal Court of Australia (McKerracher J) [2015] FCA 1005 – 11 September 2015
Admiralty
jurisdiction – Action in rem – Time-charterers failing to pay for bunkers supplied
to vessel – Bunker suppliers arresting vessel in Australia on basis of maritime
lien under United States or Canadian law – Whether foreign maritime lien recognised
under Australian law – Whether court had in rem jurisdiction – Whether shipowners
entitled to summary judgment
Online Published Date:
01 October 2015
Appeared in issue:
935 - 02 October 2015
St Clair Marine Salvage Inc v Bulgarelli and Another - US Court of Appeals (6th Circuit) (Cole CJ, Merritt and Batchelder Ct JJ) - 22 July 2015
Salvage - Salvor claiming contractual salvage remuneration - Whether salvor entitled to summary judgment - Whether salvor engaged in fraud
Online Published Date:
16 October 2015
Appeared in issue:
936 - 16 October 2015
Commonwealth of Australia v Shenzhen Energy Transport Co Ltd – Federal Court (Collier J) [2015] FCA 757 – 23 July 2015
Practice
– Discovery – 1976 Convention on Limitation of Liability for Marine Claims – “Distinct
occasion” – Whether applicant entitled to order for discovery of documents
Online Published Date:
16 October 2015
Appeared in issue:
936 - 16 October 2015
Re Lyondell Chemical Co, et al; Edward Weisfelner, as Trustee of the LB Litigation Trust v LR2 Management K/S – US Bankruptcy Court (SDNY) (Robert E Gerber US Bankruptcy Judge) – 18 September 2015
Insolvency
– Avoidable preference – Charterers making payments to shipowners of freight
and port dues shortly before filing for Chapter 11 bankruptcy protection –
Whether payments recoverable by Trustee as preferential transfers
Online Published Date:
16 October 2015
Appeared in issue:
936 - 16 October 2015
Expofrut SA and Others v Melville Services Inc and Another (The “Africa Reefer”) – QBD (Comm Ct) (Burton J) [2015] EWHC 1950 (Comm) – 8 July 2015
Arbitration
– Commencement – Whether court should extend time for commencement of
arbitration in respect of cargo claim – Arbitration Act 1996, section 12
Online Published Date:
16 October 2015
Appeared in issue:
936 - 16 October 2015
PST Energy 7 Shipping LLC and Another v O W Bunker Malta Ltd and Another (The "Res Cogitans") - Court of Appeal (Moore-Bick, Longmore and McCombe LJJ) [2015] EWCA Civ 1058 - 22 October 2015
Contract - Supply of bunkers - Retention of title clause - Whether bunker supply contract was a contract of sale within meaning of Sale of Goods Act 1979
Online Published Date:
30 October 2015
Appeared in issue:
937 - 30 October 2015