Lloyd's Maritime Law Newsletter

Limitation of liability – Dumb barge alleged to have damaged undersea cable – Whether company operating machinery of barge was “operator” of the barge – Whether company entitled to limit liability under Limitation Convention 1976

Arbitration – Jurisdiction – State immunity – Whether Kingdom of Spain immune from arbitration claims on ground of state immunity – Whether court lacked jurisdiction to appoint an arbitrator – State Immunity Act 1978 – Arbitration Act 1996, section 18

Guarantee – Shipbuilding contract – Builder claiming final instalment of price – Dispute as to whether buyer liable to pay final instalment – Builder claiming final instalment from guarantor on basis that guarantee was a demand guarantee – Whether guarantee a demand guarantee or a see to it guarantee – Whether guarantor’s liability dependent upon time of commencement of arbitration relating to underlying dispute