Lloyd's Maritime Law Newsletter

Arbitration – Stay of proceedings – Claimant bringing action to recover unpaid rent under aircraft lease – Defendant admitting claim but refusing to pay – Lease containing arbitration clause giving claimant option to bring “court action” – Whether claimant had unilateral option to litigate in court – Whether a “dispute” existed – Whether court action should be stayed in favour of arbitration – Arbitration Act 1996, section 9

Admiralty – Supply of bunkers – Applicable law – Right to maritime lien – Whether liability joint and several – Due date for payment

Charterparty – Deadfreight – Owners having option to load between 27,000 and 33,000 mt of coal cargo – Owners exercising option to load 33,000 mt – Maximum draft at loading berth preventing owners from loading full quantity of cargo – Whether charterers liable for deadfreight

Demurrage – Charterers failing to pay demurrage invoice – Owners subsequently invoicing charterers for reduced amount – Charterers still failing to pay – Owners bringing arbitration proceedings to recover full amount – Whether owners restricted to recovering reduced sum claimed in second invoice – Whether implied term that reduced amount would be accepted in exchange for prompt payment

Admiralty jurisdiction – Claim by port agents against shipowners for services provided to vessel – Port agents appointed by time charterers – Whether presumption that services were provided for benefit of shipowners – Whether shipowners liable

Charterparty – Consensus ad idem – Preliminary recap setting out terms of fixture “subject to suppliers’ approval” – Whether “subject” was pre-condition or performance condition – Whether parties concluded fixture – Whether owners entitled to damages for breach of charter