i-law.com - Newsletter (Lloyd's Maritime Law Newsletter)

: Aquavita International SA v Indagro SA – QBD (Commercial Court) [2022] EWHC 892 (Comm) (Foxton J) – 12 April 2022; Online Published Date : 10 June 2022 | Appeared in issue: 1109 - 10 June 2022; Arbitration – Anti-suit injunction – Application to foreign court for security – Whether application would be determinative of dispute – Senior Courts Act 1981, section 37

: Unicredit Bank AG v Euronav NV – QBD (Commercial Court) [2022] EWHC 957 (Comm) (Moulder J) – 28 April 2022; Online Published Date : 10 June 2022 | Appeared in issue: 1109 - 10 June 2022; Charterparty – Shipper also charterer – Bill of lading – Novation of charterparty – Cargo discharged without production of bill of lading – Whether bill of lading governed relationship with shipper after novation – Claim by bank for misdelivery – Causation

: London Arbitration 20/22; Online Published Date : 10 June 2022 | Appeared in issue: 1109 - 10 June 2022; Charterparty – Uplift Clause permitting increase in hire rate if agreed amount of additional fuel supplied – Whether Uplift Clause triggered by supply of lesser amount within “abt” margin – Correction of errors – Rectification – Variation

: Piraeus Bank AE v Antares Underwriting Ltd and Others – QBD (Commercial Court) [2022] EWHC 1169 (Comm) – Mr Justice Calver – 17 May 2022; Online Published Date : 10 June 2022 | Appeared in issue: 1109 - 10 June 2022; Marine insurance – Mortgagees’ Interest Insurance (MMI) Policy – Vessel detained in Venezuela on suspicion of smuggling oil – Claim under War Risks Policy rejected – Whether MMI insurers were liable – Whether detention excluded from War Risks Policy – Whether vessel was a constructive total loss – Marine Insurance Act 1906, section 60 – Effect on MMI Policy of excluded loss under War Risks Policy

: M/V Pacific Pearl Co Ltd v Osios David Shipping Inc [2022] EWCA Civ 798 – Court of Appeal (Lord Justice Lewison, Lord Justice Males and Lord Justice Snowden) – 14 June 2022; Online Published Date : 24 June 2022 | Appeared in issue: 1110 - 24 June 2022; Shipping – Admiralty – Collision – Effect of collision– Jurisdiction agreement – Whether offer of reasonable security in lieu of arrest had to be accepted

: London Arbitration 21/22; Online Published Date : 24 June 2022 | Appeared in issue: 1110 - 24 June 2022; Charterparty – Jurisdiction – Separate Operational Agreement between charterer and owner’s parent company – Claims by owner for hire and other sums – Whether owner’s claims arose under charterparty or Operational Agreement

: London Arbitration 22/22; Online Published Date : 24 June 2022 | Appeared in issue: 1110 - 24 June 2022; Arbitration – Defence submissions – Failure to cooperate

: Corbin v Dorynek and Flath – Royal Court [2022] JRC 047 (Commissioner Sir Michael Birt) – 16 February 2022; Online Published Date : 24 June 2022 | Appeared in issue: 1110 - 24 June 2022; Collision at sea – Collision between speedboat and jet ski – Claim for damages – Contribution and contributory negligence – International Regulations for Preventing Collisions at Sea 1972

: Oversea-Chinese Banking Corporation v Owner and/or Demise Charterer of the STI Orchard, Winson Oil Trading Pte Ltd intervening (The “STI Orchard”) – High Court of the Republic of Singapore [2022] SGHCR 6 (Assistant Registrar Navin Anand) – 23 May 2022; Online Published Date : 24 June 2022 | Appeared in issue: 1110 - 24 June 2022; Bills of lading – Cargo delivered to buyer without production of bills of lading – Buyer becoming insolvent and defaulting on credit facilities provided by Bank – Bills of lading later acquired by buyer and endorsed to Bank – Whether Bank could claim against carrier under bills of lading for misdelivery – Good faith – Whether bills of lading spent – Whether Bank consented