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London Arbitration 29/22
Charterparty – Speed and consumption methodology – Hull fouling – Redelivery – BIMCO Piracy Clause expenses – Tug assistance
Online Published Date:
02 September 2022
Appeared in issue:
1115 - 02 September 2022
Perusahaan Perseroan (Persero) PT Pertamina v Trevaskis Ltd (The Star Centurion and The Antea) – [2022] HKCA 1089 (Vice President Hon Kwan, Justice of Appeal Barma and Justice of Appeal Lam) – 22 July 2022
Shipping – Collision – Limitation of liability – Whether Hong Kong law removed wreck removal claims from limitation regime – Convention on Limitation of Liability for Maritime Claims 1976 – Merchant Shipping (Limitation of Shipowners Liability) Ordinance, Cap 434
Online Published Date:
02 September 2022
Appeared in issue:
1115 - 02 September 2022
Sea Watch eV (Activities relating to the search for and rescue of persons in danger or distress at sea carried out by a humanitarian non-governmental organisation) – [2022] EUECJ C-14/21, Court of Justice of the European Union – 1 August 2022
Safety at sea – Inspection of vessels – Corrective Measures – International Convention for Safety of Life at Sea (SOLAS Convention) 1974 – Port State Control Directive, European Parliament and Council Directive 2009/16/EC
Online Published Date:
16 September 2022
Appeared in issue:
1116 - 16 September 2022
Sea Master Special Maritime Enterprise and Another v Arab Bank (Switzerland) Ltd (The Sea Master) [2022] EWHC 1953 (Comm) (Mr Justice Picken) – 25 July 2022
Arbitration – Bills of lading – Misdelivery – Parties to arbitration clause in bill of lading – Scope of arbitration clause relating to counterclaims by shipowner – Arbitration Act 1996, section 67
Online Published Date:
16 September 2022
Appeared in issue:
1116 - 16 September 2022
QBE Europe SA/NV and Another v Generali Espana de Seguros y Reaseguros – [2022] EWHC 2062 (Comm), Queen’s Bench Division, Commercial Court (Mr Justice Foxton) – 1 August 2022
Marine insurance – Arbitration – Anti-suit injunction – Foreign proceedings in breach of arbitration clause – Nature of legislation conferring right of action – Senior Courts Act 1981, section 37
Online Published Date:
16 September 2022
Appeared in issue:
1116 - 16 September 2022
London Arbitration 30/22
Charterparty – Demurrage claim – Asbatankvoy form – Notice of readiness – Whether “by letter, telegraph, wireless or telephone” extended to email – LMAA Small Claims Procedure – Costs and interest on costs
Online Published Date:
16 September 2022
Appeared in issue:
1116 - 16 September 2022
Pola Logistics Ltd v GTLK Europe DAC and Others – [2022] IEHC 501 (25 August 2022), High Court of Ireland (Mr Justice Mark Sanfrey) – 25 August 2022
Charterparty (demise) – Bareboat charter in nature of hire purchase agreement – Registered owner subject to sanctions – Charterer seeking specific performance in respect of vessels – Council Regulation (EU) No 269/2014 (EU Sanctions Regulation)
Online Published Date:
30 September 2022
Appeared in issue:
1117 - 30 September 2022
Eastern Pacific Chartering Inc v Pola Maritime Ltd (The Divinegate) – [2022] EWHC 2095 (Comm), Queen’s Bench Division, Commercial Court (Ms Clare Ambrose, sitting as a Deputy Judge of the High Court) – 10 August 2022
Shipping – Charterparty – Performance warranty – Contractual time bar for claim – Test for underperformance – “Good weather method” – Damages for wrongful arrest – Ownership of arrested vessel – Test for wrongful arrest
Online Published Date:
30 September 2022
Appeared in issue:
1117 - 30 September 2022
PT Adidaya Energy Mandiri v MS First Capital Insurance Ltd – [2022] SGHC(I) 14, Singapore International Commercial Court (Sir Jeremy Cooke, International Judge)– 31 August 2022
Insurance (marine) – Constructive total loss – Breach of warranty – Breach of claims condition – Notice of abandonment – Suing and labouring costs – Marine Insurance Act 1906, sections 62 and 78 – Insurance Act 2015, sections 10 and 11
Online Published Date:
30 September 2022
Appeared in issue:
1117 - 30 September 2022